Convention Patent Australia

By virtue of the Paris convention, if an Australian patent application is filed within 12 months of a patent application filed in a foreign country that is a member of the Paris convention, it will benefit from the filing date of that foreign patent application.

Minimum Australian patent filing requirements:

  • A copy of the patent specification, claims, drawings (if applicable), abstract and title
  • If the patent specification is not in English, a verified English translation will be required
  • Name and address of the patent applicant
  • Inventor name
  • Details of basic patent application if convention priority is to be claimed (patent application number, country, patent filing date)

IP Australia may also request to complete patent registration in Australia:

  • Certified copy of the basic patent application must be filed before acceptance
  • Verified English translation of the basic patent application if requested by IP Australia
  • Notice of Entitlement (can be prepared and signed by an Australian Patent Attorney)

Not required under Australian patent law for Australian patent applications:

  • Power of Attorney
  • Declarations signed by the inventor(s)
  • Any other form that needs to be executed by the patent applicant or inventor