Overseas Patent & Trade Mark Agents.

Australian Patent Filing Requirements

A. Commencing the national phase in Australia

The Australian national phase entry deadline is 31-months from the earliest priority date.

Minimum Filing Requirements:

• PCT application / WO publication number.
• English translation of the PCT specification and any amendments, if in another language. (Verification of the translations is no longer needed).

Additional Requirements (can be provided following filing):

• • Explanation of applicant(s) entitlement to the invention and any priority claim.
  • For reliance on the Budapest Treaty, copies of deposit filing receipts (and verified English translations thereof if not in English) and an explanation of applicant(s) entitlement to the deposit(s), if the applicant(s) is not the depositor.

Note:

• • • No power of attorney is required.
    • No forms are required to be signed by the applicant(s) and/or inventor(s).
    • No duty to disclose prior art.

B. Filing an application for a standard patent

Minimum Filing Requirements:

• • • Name and address of the applicant(s).
    • Names of the inventor(s).
    • A copy of the specification, including the description, claims, abstract and drawings.
    • If claiming Convention priority, details of each priority application.

Additional Requirements (can be provided following filing):

• • • Explanation of applicant(s) entitlement to the invention and any priority claim.
    • For reliance on the Budapest Treaty, copies of deposit filing receipts (and verified English translations thereof if not in English) and an explanation of applicant(s) entitlement to the deposit(s) if the applicant(s) is not the depositor.

Note:

• • • No power of attorney required.
    • No forms are required to be signed by the applicant(s) and/or inventor(s).
    • No duty to disclose prior art.
    • No requirement to provide a certified copy of the priority application(s) (and an English translation thereof if not in English) unless expressly requested by the Australian Patent Office.

Australian Trade Mark Filing Requirements

Minimum Filing Requirements:

• • • Name and address of the applicant(s).
    • A representation of the trade mark.
    • The goods and/or services for which registration is sought.
    • If claiming Convention priority, details of each priority application.

Note:

• • • Multiple class applications are allowed.
    • No power of attorney required.
    • No forms are required to be signed by the applicant(s).
    • No requirement to provide a certified copy of the priority application(s), unless expressly requested by the Australian Trade Marks Office.

Australian Design Filing Requirements

Minimum Filing Requirements:

• • • Full name and address of the applicant(s).
    • Full name of each designer.
    • Representations of the product embodying the design (preferably line drawings).
    • Name of the product embodying the design.
    • If claiming Convention priority, details of the priority application(s).

Note:

• • • No Power of Attorney is required.
    • No forms are required to be signed by the applicant(s) or designer(s).
    • No requirement to provide a certified copy of the priority application(s), unless expressly requested by the Australian Designs Office.
    • No duty to disclose prior art.

For more information, please contact us at mail@kingsip.com.au.

New Zealand Patent Filing Requirements

A. Commencing the national phase in New Zealand

The New Zealand national phase entry deadline is 31-months from the earliest priority date.

Minimum Filing Requirements:

• • • PCT application / WO publication number.
    • Verified English translation of the PCT specification and any amendments, if in another language.

Additional Requirements (can be provided following filing):

• • • Explanation of applicant(s) entitlement to the invention and any priority claim.
    • For reliance on the Budapest Treaty, copies of deposit filing receipts (and verified English translations thereof if not in English) and an explanation of applicant(s) entitlement to the deposit(s), if the applicant(s) is not the depositor.

Note:

• • • No power of attorney is required.
    • No forms are required to be signed by the applicant(s) and/or inventor(s).
    • No duty to disclose prior art.

B. Filing a convention or non-convention patent application

Minimum Filing Requirements:

• • • Name, address and nationality of the applicant(s).
    • Name, address and nationality of the inventor(s).
    • A copy of the specification, including the description, claims, abstract and drawings.
    • If claiming Convention priority, details of each priority application.

Additional Requirements (can be provided following filing):

• • • Explanation of applicant(s) entitlement to the invention and any priority claim.
    • For reliance on the Budapest Treaty, copies of deposit filing receipts (and verified English translations thereof if not in English) and an explanation of applicant(s) entitlement to the deposit(s) if the applicant(s) is not the depositor.

Note:

• • • No power of attorney required.
    • No forms are required to be signed by the applicant(s) and/or inventor(s).
    • No duty to disclose prior art.
    • No requirement to provide a certified copy of the priority application(s) (and an English translation thereof if not in English) unless expressly requested by the Intellectual Property Office of New Zealand.

New Zealand Trade Mark Filing Requirements

Minimum Filing Requirements:

• • • Name, address and nationality of the applicant(s).
    • A representation of the trade mark.
    • The goods and/or services for which registration is sought.
    • If claiming Convention priority, details of each priority application.

Note:

• • • Multiple class applications are allowed.
    • No power of attorney is required.
    • No forms are required to be signed by the applicant(s).
    • No requirement to provide a certified copy of the priority application(s), unless expressly requested by the Intellectual Property Office of New Zealand.

New Zealand Design Filing Requirements

Minimum Filing Requirements:

• • • Full name, address and nationality of the applicant(s).
    • Full name, address and nationality of each designer.
    • Representations of the product embodying the design (preferably line drawings).
    • Name of the product embodying the design.
    • If claiming Convention priority, details of the priority application(s).

Note:

• • • An authorisation of the agent form is required but may be submitted after filing.
    • A certified copy of the priority application(s), along with a verified English translation thereof if not in English, is required but may be submitted after filing.

For more information, please contact us at mail@kingsip.com.au.