Australian patents, trade marks, and designs
Patents: PCT National Phase
We would welcome your Australian PCT national phase patent application enquiry for your pending international patent application.
Due date to request entry to the Australian national phase is 31 months from the patent application priority date.
Requirements:
International patent application number (PCT) or Publication number of the PCT pamphlet or, if the pamphlet has not been published, a copy of the international application as filed (including the PCT Request)
If the PCT patent specification is not in English – an English translation of the patent specification, including any amendments made during the international phase
It is no longer required to file a verification of translation form unless specifically requested by IPAustralia
Patents: paris Convention
We would welcome your Australian Paris Convention patent application enquiry in relation to your pending patent application in your country.
Due date: 12 months from patent application priority date
The following is required to file a Paris Convention patent application in Australia:
English language patent specification (description, claims, abstract and drawings)
Name and address of the patent applicant(s)
Name of the inventor(s)
Details of the priority patent application (patent application number, patent applicant, filing date and country of filing)
Trade Marks: paris Convention
The following are required in order to file an Australian trade mark application claiming Convention priority:
A clear representation of the trade mark
The classes of goods/services in respect of which it is sought to register the trade mark
Applicant’s full name and address
Details of the priority trade mark application (number, filing date and country of filing) – if absolutely necessary, this information can be provided 2 days after filing the Australian registered trade mark application
Please note that the applicant does not need to sign any documents (e.g. powers of attorney, etc.) and it is only necessary to lodge a copy of the priority document(s) (and a verified translation, if the documents are not in English) at the Australian Trade Marks Office if this is requested.
Designs: paris Convention
The following is required in order to file a design application claiming Convention priority in Australia:
Representations showing all visual features of the design (along with an indication of what, if any, of those features are to be given more or less weight)
Applicant’s full name and address
Details of the priority application (number, filing date and country of filing)
Name of the designer(s) (not absolutely essential, but a formality objection will issue if designers are not listed)
Please note that the applicant does not need to sign any documents (e.g. powers of attorney, etc.) and it is only necessary to lodge a copy of the priority document(s) (and a verified translation, if the documents are not in English) at the Australian Designs Office if this is specifically requested.
New Zealand patents, trade marks, and designs
Auckland New Zealand Photo by Dan Freeman on Unsplash
Patents: PCT National Phase
Due date to request entry to the New Zealand national phase is 31 months from the priority date.
Requirements:
Publication number of the PCT pamphlet or, if the pamphlet has not been published, a copy of the international application as filed (including the PCT Request)
Plus (shortly after entering the NZ national phase):
If the PCT specification is not in English – a Verified English translation of the specification, including any amendments made during the international phase (we will provide you with a suitable verification of translation form for execution by the person who translated the specification)
Address of the inventor(s)
Patents: Convention
Due date: 12 months from priority date
The following is required in order to file a Convention application in New Zealand:
English language patent specification (description, claims, abstract and drawings)
Name, address and nationality of the applicant(s)
Details of the priority application (number, filing date and country of filing)
Name, address and nationality of the inventor(s) (can be filed later)
Trade Marks: Convention
The following are required in order to file a trade mark application claiming Convention priority in New Zealand:
A clear representation of the trade mark
The goods and services for which registration is required (if necessary the class or classes in which registration is required can be indicated later)
Applicant’s name and address
Details of the priority application (filing date, country and goods & services) – if absolutely necessary, this information can be provided 2 days after filing the NZ application
It is only necessary to lodge a copy of the priority document(s) at the Intellectual Property Office of New Zealand if this is specifically requested.
Designs: Convention
The following is required in order to file a design application claiming Convention priority in New Zealand:
Representations showing all visual features of the design (along with an indication of what, if any, of those features are to be given more or less weight)
Applicant’s full name, address and nationality (or, at an absolute minimum, just the applicant’s name)
Details of the priority application (number, filing date and country of filing)
Please note that the applicant (or an authorised representative of the applicant) will need to sign an Authorisation of agent form shortly after filing. It will also be necessary to lodge a certified copy of the priority application (along with a verified English translation if the documents are not in English) shortly after filing.