Patents 

Trade Marks 

Registered Designs 


Janet Stead & Associates assists many overseas patent and trade mark firms, and overseas clients, with the protection of intellectual property rights in Australia and New Zealand.

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Janet Stead & Associates assists many overseas patent and trade mark firms and overseas clients with the protection of intellectual property rights in Australia and New Zealand.

Our geographical location in Perth, Western Australia, gives us a time advantage in that our working day ends 2 hours (or 3 hours in summer time) later than businesses in Sydney, Melbourne and Brisbane. Therefore, we are often able to assist with 'late' filing of applications after other attorney firms in the eastern states have closed for business.

Our principal, Janet Stead, is a Fellow of the Institute of Patent and Trade Mark Attorneys of Australia. Through the collective experience of our patent attorneys, we are able to provide a high level of advice in all levels of intellectual property.

Filing Requirements

In most cases, we are able to prepare and sign the forms and documents required for filing patent, trade mark and design applications in Australia without any other formal signed documentation being required.

Patents (Convention or Non-Convention applications)

The following documents are required:

1    Patent request form which includes the following details:

  • Applicant name and address;

  • Inventor name;

  • Title; and

  • Priority details (application number, country, filing date).

2    Specification should include:
  • Description;

  • Claims;

  • Abstract; and

  • Drawings (if applicable).

The specification should be in English on A4 sized paper.

3    Priority documents:

A certified copy of the priority document is required prior to acceptance of the application. A verified translation of the priority document is only required if requested by the Patents Office.

4    Notice of Entitlement:

A notice of entitlement is required stating the entitlement of the applicant to the invention, for example by assignment from the inventor. An Australian patent attorney is able to prepare and sign a notice of entitlement on behalf of an applicant. A notice of entitlement is required prior to acceptance of an application.

Australian national phase application based on a PCT

The due date for entry into the Australian national phase is 31 months from the priority date.

If the PCT specification is in English, we will simply need your instructions to proceed with the national phase application, that is documents 1 and 2 above are not required.

However if the specification is not in English, we will require a verified translation before the due date for national phase entry, that is, before 31 months from the priority date.

We ask that you provide us with the following further information:
  • Details of any amendments made during the international phase; and

  • A copy of the international preliminary examination report if applicable.

Trade marks

The following information is required:
  • Applicant name and address;

  • Details of trade mark (if a logo, preferably an electronic copy of the logo in 'jpeg' format);

  • Details of international trade mark class (and relevant goods and services); and

  • Priority details: Details of the application number, trade mark and filing date. Copies of priority documents are not usually required by the Trade Marks Office.


Registered Designs

The following information is required:
  • Applicant name and address; and

  • Copies of the design showing clear views of the article, for example a perspective view, a side view, a top plan view and a bottom plan view.

  • A statement of newness and distinctiveness (optional):

    A statement describing the important visual features of the design that are new and distinctive.

  • Priority details: Application number; Title; and Country.

    A certified copy of the priority document is required, together with the verified English translation (if appropriate) prior to registration.


Note
Please note that no power of attorney forms are required for the filing of patents, trade marks or designs in Australia.