eServices help - Standard patent

On this page:

  • ACN / ARBN
  • ABN
  • The agent acting for this application is:
  • Address for correspondence
  • Legal name of the organisation
  • Address for service of legal documents in Australia
  • Your reference
  • Select each applicant that is also an inventor
  • I am entitled to claim priority on the basis of one or more earlier Provisional application(s)
  • I am entitled to file a Divisional application on the basis of one or more earlier application(s)
  • I am entitled to claim priority on the basis of one or more earlier Basic (Convention) application(s)
  • This application is for a Patent of Addition
  • Do you know the application number for the related application?
  • Attach details of your specification in English
  • Entitlement
  • Examination request
  • Postponement of acceptance
  • Amendment requests
  • Attach amendment details
  • Attach copy of receipts
  • Renewal

 

ACN / ARBN

An ACN is an Australian Company Number.

An ARBN is an Australian Registered Body Number.

ABN

An ABN is an Australian Business Number.

The agent acting for this application is:

You are required to nominate a main contact for your application. The main contact does not need to be an applicant. Correspondence regarding your application will be addressed to the main contact that you nominate.

If the main contact is not already listed as an applicant, you can add the name of the person, agent or authorised signatory to your application (e.g If you have selected an organisation as your main contact you can nominate who your correspondence will be addressed to).

Address for correspondence

This is the address where IP Australia will send all correspondence relating to an IP right. This address may be a street address or a post office box, and can be located in Australia or overseas.

Do not provide your home address to IP Australia if you do not want it published online. You can provide a post office box or other valid address as your address if you want to keep your home address private.

Legal name of the organisation

The legal name of the organisation is the name that appears on all official documents or legal papers. This name may be different from the organisations's trading name.

Address for service of legal documents in Australia

This is the address where a person can serve legal documents relating to an IP right. This address must be a street address or a post office box located in Australia. It cannot be an overseas address.

Do not provide your home address to IP Australia if you do not want it published online. You can provide an Australian post office box or other valid Australian address as your address if you want to keep your home address private.

Your reference

Your reference allows you to enter a unique reference of your choice. You can use any combination of uppercase letters, lowercase letters, numbers and special characters.

This reference can be used by you to identify this eServices transaction.

Select each applicant that is also an inventor

While an applicant can be either an organisation or an individual, an inventor must be an individual. There is no limit on the number of inventors you can have.

I am entitled to claim priority on the basis of one or more earlier Provisional application(s)

If you have already filed an Australian provisional application for this invention you can claim to have the same filing date applied to this application - this is known as claiming priority. The filing date of the provisional application will be used as the earliest priority date of the complete application.

To claim priority, your complete application must be filed within 12 months of filing your provisional application.

I am entitled to file a Divisional application on the basis of one or more earlier application(s)

A divisional application divides a patent application (parent) into two or more applications. You can file a divisional application if you want to have some of the subject matter in the parent protected by its own patent.

A divisional application must contain an invention that is included in an earlier application. A divisional application cannot be made if the parent has lapsed, been refused or withdrawn.

I am entitled to claim priority on the basis of one or more earlier Basic (Convention) application(s)

If you have already filed a basic application in another country for this invention, you can make a 'convention application' to have the filing date for the basic application applied to the convention application - this is known as claiming priority.

To claim priority, your convention application must be filed within 12 months of filing your basic application.

This application is for a Patent of Addition

If a patent for an invention has been applied for or granted, and the applicant or patentee wants to seek a further patent for an improvement or modification to the invention, then they can apply for a Patent of Addition.

Do you know the application number for the related application?

This is the number of the application or patent that this application is related to. If the related application is an Australian application or patent, the number is usually a 10 digit number beginning with '20' and you can find it on any correspondence that we have sent to you regarding that application. When claiming priority, you should only list the most recently filed application in the priority chain. You may have more than one priority chain. A basic application number is the number allocated by the overseas patent office where the application was filed.

Claiming divisional status from a PCT application

When entering a PCT application as the Divisional parent application and it has not been Open for Public Inspection (OPI) eServices will not recognise the number. You should select "No" when asked "Do you know the application number for the related application?". You will be asked to enter the filing date of the parent PCT application. At a later date, you will be required to provide these details.   

Attach details of your specification in English

You need to separate your application into parts and attach each part separately.

A complete application must include a description and claims. Other parts, such as drawings, must be included if necessary.

Once you have attached your files you will not be able to preview them through eServices.

Read our Best Practice Guide for Filing a Patent Application in Australia for more information on specifications.

You can attach one of the following file formats: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif), PNG (.png), TXT (.txt), DOC (.doc, .docx) or XML (.xml). The file can not exceed 20MB in size.

Accepted drawing attachments: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif) or PNG (.png). The file can not exceed 20MB in size.

Total attachments cannot exceed 100MB.

See the Image requirements for eServices.

Entitlement

Notice of entitlement is not required when filing a new standard patent application.

If you select examination as an Additional Request, you must tick to acknowledge a notice of entitlement. If you do provide evidence of entitlement at this time, you will not be required to provide notice of entitlement evidence at a later date.

Examination request

Full Examination

A patent can not be granted unless its application has been examined. To have your application examined you must complete an examination request. You have five years from your date of application to request examination or you can be directed to request an examination by the Commissioner of Patents.

Full Examination - Expedited

You can request the examination to be expedited. If you chose to do this you will need to provide a reason why.

Accelerated Examination under the Global Patent Prosecution Highway (GPPH)

If you have an application containing claims that have been found to be patentable by another Patent Office you may be able to request expedited examination under the Global Patent Prosecution Highway pilot program for a related Australian application. To find out which offices are participating in the pilot, and for further requirements that your application will need to meet, please consult the guidelines on the Global Patent Prosecution Highway page.

You can attach one of the following file formats: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif), PNG (.png), TXT (.txt), DOC (.doc, .docx) or XML (.xml). The file can not exceed 20MB in size.

Accelerated Examination under the IP Australia-European Patent Office Patent Prosecution Highway (IP Australia-EPO PPH)

If you have an application containing claims that have been found to be patentable by the European Patent Office (EPO) you may be able to request expedited examination under the IP Australia-European Patent Office Patent Prosecution Highway (IP Australia-EPO PPH) pilot program for a related Australian application.

To find out further requirements that your application will need to meet, please consult the guidelines on the IP Australia-European Patent Office Patent Prosecution Highway page.

You can attach one of the following file formats: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif), PNG (.png), TXT (.txt), DOC (.doc, .docx) or XML (.xml). The file can not exceed 20MB in size.

Postponement of acceptance

You can delay the acceptance of your application by requesting a postponement of acceptance. If you request postponement, your application will only be accepted once you have withdrawn your postponement request.

Amendment requests

There are two amendment options that you can select from, these are amendments in anticipation of an examiner's report and an amendment to the specification.

Amendments in Anticipation of an Examiner's Report

If you request an amendment in anticipation of an examiner's report, you are requesting changes to your specification to be included in your patent application. The changes you request will be added to your case file and considered during the examination process. A fee is not applicable for this amendment type.

Voluntary Amendment (amendment to specification)

If you request a voluntary amendment, you are requesting changes to your specification to be included in your patent application. The changes you request will be considered independently to the examination process. There is a fee for this amendment type.

Attach amendment details

You need to provide a finalised version of your specification that includes the changes.

Read our Best Practice Guide for Filing a Patent Application in Australia for more information on specifications.

You can attach one of the following file formats: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif), PNG (.png), TXT (.txt), DOC (.doc, .docx) or XML (.xml). The file can not exceed 20MB in size.

Attach copy of receipts

You can attach one of the following file formats: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif), PNG (.png), TXT (.txt), DOC (.doc, .docx) or XML (.xml). The file can not exceed 20MB in size.

Renewal

Selecting Renewal indicates that you wish to pay the fee for the next renewal period due for your divisional application. The renewal period will depend on the information you have entered into the form for your divisional application.

Last updated: 
7 April 2016