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Date Published

Many approved forms (including the patent request) require an applicant or other person to provide an address for service (reg 22.10). The address must be:

  • an address in Australia where documents under the Act or Regulations may be given to or served on the applicant/person personally, or on a person specified in the form. In the case of most foreign and many local applicants, the stated address is that of a patent attorney; or
  • another address in Australia where it is practicable and reasonable for Australia Post, or a person acting on behalf of Australia Post, to deliver mail.  The address may be a post-office box, locked bag or postal delivery point to which a contractor of Australia Post routinely delivers mail; or
  • an address in New Zealand where it is practicable and reasonable for a person providing mail delivery services to deliver mail.

Applicants have the option of providing a different address for correspondence, however there is no legislative requirement to do so (see Address for Correspondence).

Failure to provide an address for service will normally be handled by COG during formalities checking. However, if during examination it is noted that an address for service in Australia or New Zealand has not been provided, examiners are to raise an objection requiring that one be provided, and noting that failure to do so will ultimately result in refusal of the application (see [PERP code B20]).

The applicant may change the address for service at any time by filing a notice under the provisions of reg 22.10(2). A request under sec 104 is not required. However, a change of address of the applicant requires a request under sec 104.

Where a notice under reg 22.10(2) is received, COG will record the new details in PAMS.  However, if examiners notice during examination that this has not been actioned, COG should be informed.

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