Patents in Australia

Australia is an attractive country for inventors and companies looking to commercialize their inventions due to its strong and stable economy, highly developed and diverse market, and range of industries including mining, agriculture, technology, and healthcare. Additionally, the country offers a range of government programs and funding opportunities specifically for entrepreneurs and inventors, such as the Entrepreneurs’ Programme and the R&D Tax Incentive.

Australia’s strategic location also provides advantages for international inventors and companies looking to expand into the Asia-Pacific region, with strong trade and investment ties to key markets such as China, Japan, and South Korea.

From an intellectual property point of view, Australia has a well-developed and respected patent system that places a greater emphasis on patentability requirements such as novelty and inventive step. In recent years, there has been a trend towards greater harmonization of the Australian patent system with those of other countries, particularly the United States and Europe, in order to increase consistency and alignment in patent laws and practices.

If you need additional information, please do not hesitate to contact us!

Why choose us

  • Quality service: Patentarea.com is characterized by providing services with the highest quality standards. Our services are carried out by attorneys and engineers specialized in intellectual property in order to ensure quality and that all the legal requirements are covered.
  • Experience: We have more than 20 years of experience providing large companies, law firms and inventors, international design and patent application services in almost every country.
  • Personalized communications: All communications between our clients and Patentarea.com are managed by dedicated account executives and saved on our confidential and secure  platform.
  • Competitive prices and no hidden fees: We offer competitive prices and inform of any possible additional cost timely and in advance.

How to apply

01

Prepare the patent specifications. We can assist you with this also.

02

Request a quotation for the patent filing.

03

Payment of the patent filing service.

04

Assigned attorney review and prepare the forms.

05

Patent application filed and reported to you.

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General information

Invention patent

Design patent

Filling timelines

The time limit for entering the PCT national phase in Australia is 31 months from the earliest priority date, and 12 months for a direct Paris route application. This time limit may be extended or restored depending on the reasons for failing to meet the deadline.

The time limit for filing a design is 6 months from the earliest date of priority. This time limit may be extended or restored depending on the reasons for failing to meet the deadline.

Required documents

Patent specifications and priority details (if apply). POA is not required.

Drawing set of the different views of the design. POA is not required.

Examination stage

Request for examination must be filed within 5 years from the international filing date for PCT national phases and 5 years from the local filing date for Direct paris route.

Substantive examination for designs are optional and must be requested after registration, in order to obtain the exclusive right.

Granting

Granting fees must be paid wihtin 3 months from the acceptance notice. 

No official fee must be paid at the granting, however it is very common that attorneys in this country charge for reporting and forwarding the registration certificate.

Our services

01

International patent filing (any country)

We have more than 20 years of experience filing and handling patent applications in almost every country. With us you will find a centralized and cost-effective filing of your international applications, allowing you to focus on the invention and the business side of your project.

02

Portfolio management

We are an excellent solution for law firms and experience IP attorneys that need assistance with an experienced company for management and prosecution of large portfolios, with a portfolio of more than 2200 patents, we will provide an easy and fast reporting, files and documents up to date and timely next tasks notifications.

03

Analytic services

In Patentarea we also have plenty of experience providing analityc services like Patentability searchs, freedom to operate analysis, and patent valuation reports.

04

Patent drafting

If you need assistance with a quick and cost-effective patent draft for your clients, or if you are protecting your invention for the first time, we will gladly assist you with this also.

05

Other Patent Services

We can also assist with any other service like assignments, renewal, licensing agreements and more. Just contact us.

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FAQ’s

How long can it take an Australian patent to be issued?

A standard patent application process in Australia can take between 1 and 3 years from the filing date. However, a PPH requested can be filed to potentially allow the applicant to reduce the examination time in more than a half. Contact us for additional information.

Can an Australian patent application be restored after abandonment?

Yes, it is possible to restore an application if the failure to meet the deadline was unintentional or due to circumstances beyond the applicant’s control. The request for restoration must be made within 12 months of the missed deadline and must include a statement explaining the reasons for the failure to meet the time limit. The Commissioner of Patents will consider the request and may grant restoration if satisfied. However, it is important to note that the Commissioner has the discretion to refuse a request for restoration.

Why Patentarea.com?

We have a team of patent attorneys and engineers, with years of experience making patent searches, filing patent applications and following up on the patent process in more than 30 countries, which allows us to assure you:
-Competent professionals will perform all the necessary procedures for filing and following up your patent application.
-You will receive timely information regarding updates for the application process.
-If objections or rejections arise in the patent application process, knowledgeable attorneys will advise you on the appropriate course of action.
-All information provided to us will be kept in absolute confidentiality. Before entering any business relationship we electronically sign a confidentiality agreement with you that protects your interests (View our confidentiality agreement).

Who will be in charge of my application?

In countries where services are offered, Patentarea.com relies on teams of recognized and experienced patent attorneys, allowing us to assure a high-quality service.
To learn about the attorney directly in charge of your request select the link “Attorney in charge” located on the toolbar or in the “About Us” section.

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Services

Patent in Australia

Patent Services in Australia

If you already have a patent application filed and you need to extend its protection in Australia or if you need to start a patent application from the patent draft,  just contact us so we can provide you with our expert advice.

We will be able to guide you through the entire process.

  • Patent drafts

    We can prepare your patent draft. in English.

  • Local Filing

    File your local application in Australia.

  • National Phases

    Have your different patent applications centralized.

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Design Services in Australia

If your company or you as a sole inventor are launching a new product in Australia, it is always recommendable to apply for an industrial design protection.  Consider that a design patent granted will protect the aesthetic aspects of your new product preventing unauthorized copying or imitation by others, also will add value to your product and company.

  • Design drawings

    We offer professional drawings services in order to allow the applicant a proper filing.

  • Design Search

    We offer international design search and analysis services.

  • Design Applications

    We will file your design in almost any country you need.

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