Expedited Examination

When applying for a patent, an examination is required to take place as part of the review and approvals process. 

This examination assesses your invention and whether it meets the criteria to be patented. Your patent cannot be accepted and ultimately granted without an examination taking place. 

Typically, after filing and requesting an examination your patent will be examined within 12 months. In some cases, you may wish to speed up the process of having your patent examined and accepted for registration. 

In these instances, you can request an expedited examination. 

What Is An Expedited Examination?

An expedited examination is the same in all ways as a standard examination aside from the timeline in which it is done. 

Requesting an expedited examination can reduce wait times from upwards of one year to between four and eight weeks. 

There is no additional government charge to request an expedited examination, however, you will be required to provide a genuine reason for requesting one. 

When Would You Need To Request An Expedited Examination? 

An expedited examination request may be necessary if you are:

  • Dealing with an actual or potential infringement and need to be able to prove and enforce your patent rights
  • Seeking an investor who requires the patent to be granted before coming on board
  • Wanting to urgently begin production or undertake necessary market research 
  • Intending to license your invention to a third party

The decision on whether or not to grant an expedited examination remains at the determination of IP Australia. They will assess your request and advise you on whether they accept your reasons for doing so.

The best course of action is to speak to a registered patent attorney who can help in preparing the expedited examination request and advise you on whether this is likely to be accepted by IP Australia.

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