• Patent fees

Fees associated with filing patent applications in Australia as well as other patent fees are available in the fee calculator.

• Term for filing a patent application in Australia

The term for filing an application for an Australian patent claiming conventional priority is 12 months from the priority date. The restoration of this term is possible in case the failure to meet the deadline was due to error, omission or circumstances beyond the control of the person concerned or situations where in spite of an applicant taking due care, the required action still could not have been carried out. There is no fixed term for the deadline of restoration, but restoration must be sought without delay as soon as the failure to file the application in time has been detected.

• Filing requirements in Australia

The official language of an Australian patent application is English. If an application is filed in a language other than English, it is highly recommended to submit an English translation at the time of filing. However, late filing of an English translation is possible within two months from the notification by the Commissioner.

To obtain the filing date in Australia, an application must contain at least:
- a request to grant a patent;
- applicant’s details;
- information that appears to be a description;
- payment of the filing fee.

A certified copy of the Priority Document is only required on request of the Australian Patent Office or a third party.

Currently, Australian legislation does not require filing a Power of Attorney when filing a patent application.

An Assignment Deed from the inventor to the applicant is only required if requested by the Australian Patent Office

• Examination of an Australian patent application

Patent applications in Australia undergo formal and substantive examinations. Examination of a patent application in Australia must be requested within two months from issuance of an invitation to request examination or within five years of the filing date, whichever comes earlier. It is possible to request accelerated examination under PPH.

• Novelty grace period

An Australian patent application may be filed within 12 months after the disclosure made publicly available by or with the consent of the nominated person or patentee, or the predecessor in title of the nominated person or patentee, if:
- the invention was shown, used or published at a recognised exhibition;
- the information as to the invention was read before learned society or published by or on behalf of learned society;
- the information has been made publicly available because the invention was worked in public;
- the working of the invention was for the purposes of a reasonable trial of the invention.

Furthermore, if any information became publicly available without the consent of the nominated person or patentee, through any publication or use of the invention by another person who derived the information from the nominated person or patentee or from the predecessor in title of the nominated person or patentee, it does not disprove the novelty of the invention in Australia.

• Grant, validity term and patent maintenance fees

Official fees for granting should be paid within 3 months from the date when Notice of Allowance was received. Patents in Australia are valid for 20 years from the filing date. Annual fees are due each year starting from the 5th one and should be paid before the expiry of the 4th anniversary of the filing date. Late payment is possible within a six-month grace period by paying a corresponding surcharge for each lapsed month or part thereof.

• Duration of registration procedure

In the case of a smooth patent registration process in Australia, the whole procedure takes approximately 4-5 years.

• Utility Model 

Utility model protection is not available under Australian legislation.

However, before August 25, 2021 the applicants were able to obtain an innovation patent protection instead of Utility Model in Australia. Existing innovation patents that were filed on or before 25 August 2021 will continue in force until their expiry (8 years).

• Representation by a patent attorney

For foreign patent applicants, it is recommended to perform patent prosecution in Australia using an agent - a registered Australian and New Zealand patent attorney.

•  Note

Online Search Database for Australian Patents Search.

Brief summary is based on the information provided by PIPERS on 23.02.2024
Please contact us if the above information is not in conformity with Australian IP Laws