AUSTRALIA
Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.
trade mark information
Types of Trade Mark
Classification
International, Nice Classification;
Multi-class;
Goods and services can be registered.
International Arrangements
Convention priority can be claimed.
Renewal
10 years from the filing date, and every 10 years thereafter;
There is a 6 month grace period.
Use Provisions
Non-use of a trade mark for a period of 3 years from registration renders it vulnerable to an action for cancellation by third parties
Patent information
Types of Patent
Substantive with or without priority;
Innovation Patents;
PCT national phase.
International Arrangements
Convention priority can be claimed.
Duration
Standard patents have a duration of 20 years from the effective filing date (or 25 years for pharmaceutical products). Innovation patents have a term of up to 8 years.
Renewal
Renewals are due for payment annually, on the 4th and each subsequent anniversary of the filing date for standard patents, and on the 2nd to 7th anniversaries of the filing date for innovation patents.
design information
Types of Design
International Arrangements
Convention priority can be claimed.
Duration
The maximum term of protection is 10 years from the application date, with a renewal fee being payable before expiry of the first 5 years.
Renewal
Before expiry of the initial 5-year term.
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