After a standard patent application is filed in Australia, it must undergo examination before it can proceed to grant. Examination is the process by which IP Australia assesses whether the invention meets the legal requirements for patent protection, including novelty, inventive step, clarity, support and patentable subject matter.
Examination must occur within 5 years of filing the application and can either be requested voluntarily or IP Australia may issue a direction for the application to request examination.
If IP Australia issue a direction to request examination there is a two month period within which to file the request and failure to do so will result in the application lapsing.
The timing of patent examination can vary depending on the technology involved and Examiners workloads. As a general guide, IP Australia currently aims to issue a first examination report within approximately 12 months from the date examination is requested. In some technology areas examination may occur sooner, while in others it may take longer. IP Australia provide some guidance on specific examination time lines here: es here: IP Australia Patent Examination Timeliness.
Following examination, IP Australia may issue one or more examination reports identifying any objections that must be overcome before the application can be accepted. These objections can often be addressed through written submissions and/or amendments to the patent specification.
All objections must be overcome within 12 months from the date of the first examination report. If this deadline is not met, the application will lapse.
Once all objections have been resolved, the application is accepted and proceeds toward grant, subject to a period during which third parties may oppose the patent.
