IPA patent 3.2-customer-service-charter-timeliness-standards — IP Australia Patent Manual of Practice and Procedure – 3.2 Customer Service Charter (Timeliness Standards)

Also in this Chapter: 3.1 Quality ​​​​​​​ 3.3 Efficient Examination 3.4 Assisting unrepresented (private) applicants 3.5 Staff Delegations, and Restrictions on Providing Customer Assistance Related Chapters: RIO - Changing CSC date On this Page Overview Customer Service Charter Timeliness Targets Overview Sections, as well as individual examiners, must prioritise their work to ensure that statutory time limits are met and, within that constraint, comply with the targets or standards set down in the Customer Service Charter (see https://www.ipaustralia.gov.au/about-us/doing-business-us/customer-service-charter ). Sections and examiners should also ensure that obligations under any Service Level Agreements are met. Customer Service Charter Timeliness Targets The following table sets out the timeliness targets for particular patent products as outlined in our Customer Service Charter. ​​​​​​​ 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% sent within 20 working days from receiving the correspondence. Apology to be included with reports sent after 20 working days. IPE opinions and reports 85% issued within 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 apology to be included with reports or opinion issued after 20 working days. B. Search Reports: PCT Search (& ISO), Thai, WIPO etc IP Australia will issue: 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% submitted within 9 weeks (to allow for PCT end processing) from receiving the search copy of the international application or fee payment. 95% submitted within 11 weeks (to allow for PCT end processing). Covering letter with apology to be included with reports issued after the relevant CSC commitment. 15(5) Searches (for requests filed within 10 months of priority date) IP Australia will issue: 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) submitted withiin 6 weeks from receiving a compliant request. 95% submitted in 8 weeks for all 15(5) searches. Covering letter with apology to be included with reports issued after the relevant CSC commitment. C. Examine and Report First Reports 85% dispatched within 12 months from the request for examination. Apology to be included in reports dispatched after 12 months or covering letter with acceptance letter dispatched after 12 months. Innovation Patents 85% dispatched 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% dispatched within 8 weeks from receiving a suitable request. Apology to be included in reports dispatched after 8 weeks or covering letter with acceptance letters dispatched after 8 weeks. Re-examinations and Subsequent Re-Examination Reports Clear/Adverse 100% dispatched within 8 weeks from request. Notify applicant of delay and approximate dispatch date after 8 weeks. D. Decisions Substantive Oppositions and Procedural Issues 85% dispatched 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% dispatched in 1 week from receipt Notify applicant of delay and approximate dispatch date after 1 week. Note that a verbal response may be appropriate in some circumstances but only where the applicant agrees that a written response is not required.