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An examination report raising objections isn't the end of the road — it's a normal part of prosecution. Our team at Brealant prepares the arguments, amendments, and evidence needed to get your application accepted.
Legal Definition of a Patent Office Action
A patent office action, or examination report, is issued under the Patents Act 1990 when an examiner identifies grounds why the application doesn't meet the requirements for grant.
Missed Deadlines
Once the 12-month deadline passes without the application being in order for acceptance, it lapses.
New Matter Restrictions
Amendments generally can't introduce matter beyond what was originally disclosed.
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Contact
Reach out to Brealant as soon as you receive an examination report from IP Australia.
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Search
We review the examiner's cited prior art and objections in detail.
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Quote
Receive a service quote tailored to the complexity of the objections.
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Pay
Proceed with secure payment for the response service.
File
We prepare written submissions and any claim amendments, and lodge the response before the deadline.
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Wait
We monitor for further reports from IP Australia.
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Response
You receive the examiner's decision, or a further report requiring another round of response.
In Australia, applicants generally have up to 12 months from the date of the first examination report to resolve all objections and get the application in order for acceptance. Understanding exactly which grounds have been raised is the clearest way to build an effective response within that window.
Rushed or overly broad amendments can permanently narrow your claim scope. Brealant assesses the objections carefully before recommending a response, to preserve the strongest protection available.
A response is powerful, but it has boundaries
Fundamental Novelty Issues
A response can't overcome prior art that genuinely anticipates the invention as claimed.
Missed Deadlines
Once the 12-month deadline passes without the application being in order for acceptance, it lapses.
New Matter Restrictions
Amendments generally can't introduce matter beyond what was originally disclosed.
Doesn't Prevent Future Opposition
Acceptance following a response doesn't prevent a third party opposing the application afterward.
Guaranteed Outcomes
No response guarantees acceptance — the examiner retains discretion on the final decision.
Brealant gives you a realistic assessment of your prospects before committing to a response strategy.
A properly prepared office action response protects
Your Filing Date
Timely responses keep your original filing date and priority intact.
Your Claim Scope
Careful argument can avoid unnecessary narrowing of your claims.
Your Commercial Position
Protection that continues to cover your product or process as intended.
Your Investment
The time and cost already spent on drafting, filing, and prosecution.
Brealant's attorneys assess every option before recommending the response most likely to succeed.
Responding to an office action generally follows these stages
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Report Issued
IP Australia issues the first examination report.
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Response Preparation
Brealant prepares submissions, evidence, or amendments to address the objections.
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Filing the Response
The response is lodged with IP Australia before the deadline.
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Further Reports or Acceptance
IP Australia either accepts the application or issues a further report.
Applicants generally have up to 12 months from the first examination report to resolve all objections and get the application in order for acceptance.
Costs depend on the complexity of the objections raised
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There's no additional IP Australia fee to respond to an examination report.
There's no additional IP Australia fee to respond to an examination report.
Ask us for a quote as soon as you receive your examination report.
Once your response is filed, Brealant continues to track the application through to acceptance, the opposition period, and grant, keeping you updated at every stage.
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If the 12-month deadline passes without the application being in order for acceptance, the application lapses.
Yes, amending claims to distinguish over cited prior art or address clarity issues is a common and often effective response.
Yes, applicants can request a hearing before an IP Australia hearing officer if objections remain unresolved through written correspondence.
It varies by case — straightforward inventions may clear examination in one round, while more contested claims can involve several.
No, there is no additional government fee to respond to an examination report — only Brealant's professional fee applies.
Lack of novelty or inventive step over cited prior art, unclear or unsupported claims, and insufficient disclosure are among the most common objections raised.
Yes, declaratory evidence — such as expert evidence on inventive step or evidence of prior use — can be filed to support your response where appropriate.
Yes, we can step in to manage prosecution and respond to office actions on existing applications at any stage.
Extensions can be requested in limited circumstances, but the maximum period to get the application in order for acceptance is generally fixed at 12 months from the first report.
The application will lapse if it can't be put in order for acceptance, though in some cases withdrawing and refiling with revised claims may still be an option depending on timing.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business.
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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