Is it possible to file for patents in Australia within 1 year of US patent publication?


Like the US, Australia has a 1 year period after public disclosure during which we can still obtain a patent.

I have filed in the US, and the patent was published at the 18 month mark. There were no public disclosures prior to this.

Can I file for a patent in Australia? (I'm still within the 1 year time frame from the date of publication of the US patent application)

Note, I'm using Australia as an example. Broadly, I'm wondering if I still have the option to file individual patents in other countries that allow a 1 year time frame after public disclosures.


Posted 2020-08-26T06:35:51.250

Reputation: 37



I think you are mistaken about basic premise of patent application prosecution timeline. Australia, like any other PCT member countries or Paris Convention member countries, adheres to one year time counting from the date an application was first presented to patent office of any member country (also known as priority date) and not to date of publication of application in member countries.

Convention application must be submitted to patent office of country of interest within this time line of one year from priority date. This time line is also applicable for PCT application.

If PCT route is adopted, than another 18 months period is available for entry into National Phase.

For exceptions, please consult a patent attorney. But, IMO, 18 months plus period from priority date is too late for availing exceptions.

AD Adhikary

Posted 2020-08-26T06:35:51.250

Reputation: 1 202

1In the case of an unpublished application where the underlying disclosure has also not been made public one can file in a second or third country after the 12 month Paris deadline becasue no novelty breaking has occurred and you need not rely on the priority filing. – George White – 2020-08-28T18:06:44.517