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Date Published

An innovation patent application may be a Convention application. The statutory requirements and associated procedures are the same as those outlined for standard patent applications (see 2.21 Convention Applications).

Basic Specifications

A copy of the basic specification for an innovation patent will only be required in the same circumstances as for a standard patent application (see Basic Specifications).

If the basic specification is in a language other than English, the patentee does not need to file a translation unless requested to do so by the Commissioner. The Commissioner will only request a translation where the circumstances set out in Basic Specifications arise.

Time Limits for Providing Basic Specifications and/or Translations

The patentee must file the basic specification and/or its translation* within 3 months from the date of the Commissioner's request under sec 43AA.

A request by the Commissioner for a copy of a basic specification and/or its translation* during examination may in some circumstances extend the period for certification by up to 5 months.  For further information on the procedures to be followed, see Period for Examination to be Carried Out.

*Note: For translations filed before or on 25 September 2019, a certificate of verification for the translation must also be provided.

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