Customer Service Charter Timeliness Guidelines

Date Published


All standards or targets refer to the dispatch of reports/opinions/notices/decisions/correspondence from IP Australia within the stated time period.
(A verbal response may be appropriate in some circumstances but only where the applicant agrees that a written response is not required).


Action

Customer Service Charter Commitments

Patent Examination Target

Apology

A. Correspondence relating to an application or patent:

  • Further Reports Clear/Adverse

  • Voluntary Section 104 Requests

  • Section 223 Requests

 

85% in 20 working days from receiving the correspondence.

In report dispatched after 20 working days.

  • IPE opinions and reports

 

 

85% in 20 working days from the start of IPRPII (Rule 69), or response to a previous opinion or from the most recent office action.

(Note: If an additional examination fee is paid, then the time starts when that fee is paid).

 

Covering letter with report or opinion dispatched after 20 working days.

B. Search Reports:

  • PCT Search (& ISO), Thai, WIPO etc

85% of international search reports (for one invention) in 10 weeks and 95% in 12 weeks.

(Note: If the fee is not paid at filing, then the time starts when the fee is paid. If an additional search fee is paid, then the time starts when that fee is paid).

85% in 9 weeks (to allow for PCT end processing) from receiving the search copy of the international application or fee payment.

95% in 11 weeks (to allow for PCT end processing)

Covering letter with report dispatched after 10 weeks

  • 15(5) Searches

(for requests filed within 10 months of priority date)

85% of international-type search reports (for one invention) in 6 weeks from receiving a compliant request and 95% in 8 weeks

(Note: If the fee is not paid at request, then the time starts when the fee is paid. If a search statement is required, then the time starts when a suitable statement is filed. If an additional search fee is paid, then the time starts when that fee is paid).

85% (for one invention) in 6 weeks from receiving a compliant request.

95% in 8 weeks  

Covering letter with report dispatched after 6 weeks

C. Examine and Report

  • First Reports

 

85% in 12 months from the request for examination.

In report dispatched after 12 months or covering letter with acceptance letter dispatched after 12 months.

  • Innovation Patents

 

85% in 8 weeks from the latest of receiving a request for examination or the patent being published.

(Note: If the fee is not paid at request, then the time starts when the fee is paid).

Notify applicant of delay and approximate dispatch date after 8 weeks.

  • Expedited Examination

 

85% in 8 weeks from receiving a suitable request.

In report dispatched after 8 weeks or covering letter with acceptance letter dispatched after 8 weeks.

  • Re-examinations and Subsequent Re-Examination Reports Clear/Adverse

 

100% in 8 weeks from request.

Notify applicant of delay and approximate dispatch date after 8 weeks.

D. Decisions

  • Substantive Oppositions and Procedural Issues

 

85% in 3 months from hearing.

(Unless further submissions or evidence is filed)

Notify applicant of delay and approximate dispatch date after 3 months.

E. Written general enquiries about IP

 

100% in 1 week from receipt

Notify applicant of delay and approximate dispatch date after 1 week.