Utility Models: Australia
General Information
International Agreements : Paris Convention & PCT.
Patent Types : Innovation Patents (which are similar to Utility Models)
Novelty Requirements : Absolute worldwide Novelty
Claiming priority : Yes – within 12 months
Examination : Yes – as to formalities only.
Protection Period : 8 Years
Publication : Yes – at Grant
Annuity Payments : Annually from 2nd year.
Grace period for Annuity payments : 6 Months
Compulsory Licensing : Yes – may be granted if the Patent is not adequately worked after Certification.
Working or nominal working of Patents/Inventions : Working is required to avoid Compulsory Licensing.
Notes : Innovation Patents are automatically granted upon successful formalities examination. However, substantive examination and subsequent certification are required to enforce the Patent.
Filing Requirements
Utility Models Filing Requirements
- Name & Address of the Applicant(s).
- Name & Address(es) of Inventor(s).
- Specifications, Claims & Drawings of the Patent.
- Priority details – If claiming priority.