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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% (for all search requests) in 12 weeks.

(Note: If the fee is not paid at filing, then the time starts when the 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 if dispatched after the relevant CSC commitment.

  • 15(5) Searches

(for requests filed within 10 months of priority date)

85% of international-type search reports (for one invention where the original request is compliant) in 6 weeks and 95% (for all search requests from receiving a compliant request) 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 for all 15(5) searches.

Covering letter with report if dispatched after the relevant CSC commitment.

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.




Amended Reasons

Amended Reason Date Amended

Changes as per the email from Tim and Naveen.

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