Examination

One to two years after the Complete Application is filed, the Patent Office will direct you to request examination. Once this direction to request has issued, have to formally request examination otherwise the application will be considered lapsed.

It is possible to requested expedited examination, however reasons to support such a request need to be submitted at the same time. Requesting expedited examination results in the examination being fast tracked and typical a report is then issued within 3-6 months depending on the workload at the Patent Office.

The Patent Office will then examine the application to see if it fulfills all the requirements of patentability as set out in the Australian Patent Act 1990. The time frame to respond to a Examiners report varies depending on when examination was requested.

If examination was requested before 15 April 2013 then applicant have 21 months to address all outstanding objections.

If examination was requested after 15 April 2013 then applicant have 12 months to address all outstanding objections.