Update to patent excess claims reminder process

From 1 July 2026, we will issue a 3-month reminder for excess claims after examination requests are filed.

Patents Apply

Published on 01 May 2026

At IP Australia, we are changing our excess claims reminder notification from a forecast 6‑month reminder (based on the anticipated commencement of examination) to a defined 3month reminder period after an examination request is received, giving customers a clear window to file amendments before examination begins.

What’s changing

For standard patent applications, we will update our reminder notification process. Instead of issuing an approximate 6‑month reminder, we will issue a defined 3month reminder after receiving an examination request. The change from an approximate to a defined period is intended to assist customers in filing any amendments before examination begins.

The reminder will be included in the acknowledgement notification that we issue when we receive an examination request.

When examination will occur

For standard applications, we will not undertake examination within the 3month window following the examination request, except where:

  • an expedited examination request is filed (these requests will be progressed to the appropriate examination section immediately following receipt of the examination request); or
  • the request relates to a divisional application (these requests will be progressed to the appropriate examination section; we may prioritise them—for example, to examine them alongside a related application—which may occur within the 3‑month window from the date the request is filed).

Examination of applications will be undertaken after the 3-month window. Please note that anticipated commencement timeframes for examination vary by technology domain. Please refer to our website for the current estimated examination timeframes for each domain.

 

Key dates

  • From 1 July 2026: the 3‑month reminder process will apply to examination requests filed on or after this date.
  • From 1 July 2026: we will cease issuing the 6‑month reminder notification.

Transitional arrangements (examination requests filed 1 October 2024 to 30 June 2026)

For examination requests filed between 1 October 2024 and 30 June 2026, where a 6‑month reminder notification has not been issued, we will send a one‑off correspondence inviting applicants to file any desired amendments within 3 months of the date of that correspondence.

We will not issue an examination report within that 3‑month window for these applications. The one‑off correspondence will be issued following commencement of the change on 1 July 2026.