Australia
Patent Filing in Australia
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Why File a Patent 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.
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Patent Application Process in Australia
The patent application process in Australia is managed by IP Australia and follows clear procedural steps to ensure full protection of your invention. Applicants can file different types of patents in Australia, each with its own process and requirements.
Invention Patent
(Paris Route or PCT)
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
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable.
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable. A drawing set of the different views of the design.
Examination
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 is optional and must be requested after registration, in order to obtain the exclusive right.
Granting
Granting fees must be paid within 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.
Why Choose Patentarea for
Patent Filing in Australia
Patentarea simplifies the entire patent registration process, from prior art search to grant, and provides expert support for PCT national phase entries in Australia and worldwide. Our process is efficient, transparent, and designed to help you secure protection for your invention in just three simple steps:
01
Choose the Countries
Let us know the jurisdictions where your client needs patent support. Whether it’s a single country or a complex multi-national strategy, we have a strong foreign experience to handle filings, prosecutions, analysis and renewals efficiently.
02
Receive a Tailored Fee Schedule
We provide a customized and transparent fee schedule based on the selected countries, ensuring cost-effective and predictable pricing. Once you confirm the terms, we take care of everything, keeping you and your client informed throughout the process.
03
We Manage Your Portfolio,
Gain full access to all documents, deadlines, and key filings through our advanced online system. We handle everything from submissions to ongoing maintenance, ensuring compliance with local requirements while keeping you updated—at no additional cost.
FAQ’s
How long can it take an Australian patent to be issued?
The time to obtain a patent in Australia usually ranges from 2 to 4 years after filing. If you request expedited examination or use the Patent Prosecution Highway (PPH), the process can be shortened to under a year.
Can foreign applicants file a patent in Australia?
Yes. Anyone can apply for a patent in Australia, but foreign applicants must provide an Australian or New Zealand address for service, usually through a local patent attorney.
What is the deadline to enter the PCT national phase in Australia?
For PCT national phase Australia entry, the deadline is 31 months from the earliest priority date. This allows applicants more time than in most other jurisdictions to decide whether to pursue patent protection in Australia.
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.
