Innovation Patent Australia Filing Requirements

If an Australian innovation patent application is filed within 12 months of a foreign patent filing in a country that is a member of the Paris convention, it can claim the filing date of that foreign patent.

Minimum Australian innovation 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 is required
  • Patent applicant’s name and address
  • 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 for grant of an innovation patent in Australia:

  • Before acceptance, a certified copy of the basic patent application must be filed
  • If requested by IP Australia, a verified English translation of the basic patent application
  • Notice of Entitlement which can be prepared and signed by an Australian Patent Attorney

Not required for innovation patents:

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