Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 4

                   The following diagram shows most of the typical steps involved in getting and maintaining a standard patent. The diagram is intended for use only as a general introductory illustration and is not intended to have any other effect. If there is an inconsistency between any matter contained in the diagram and a provision of this Act or the regulations, the provision prevails.

TABLE 1--GETTING AND MAINTAINING A STANDARD PATENT

Patent application (provisional or complete) (see section 29)

Filing formalities

Publication of prescribed details in Official Journal

Subject-matter of complete specification classified using International Patent Classification

Abstracts prepared for search material

Pay continuation fees for unaccepted patent requests

Direction to request examination unless applicant has already done so ( see section 44 )

Request for examination

Examination ( see section 45 )

Continuation fees are prescribed and payable under the regulations. Applications lapse if continuation fees are not paid ( see section 142 ).

Fee payable.

Application lapses if patent request and complete specification not accepted within the prescribed period ( see section 142 ).

Applicant must request examination as directed or application will lapse ( see section 142 ).

Applicant may be required to correct deficiencies.  Application will lapse if applicant does not comply.

Fee payable. A complete application must be associated with a provisional application within the prescribed period. Provisionals which lapse at this stage are not published.

			Patent request refused