Trade mark service levels
As a part of our commitment to customer service, we'll:
- Issue 85% of first reports on new applications in 13 weeks and 95% in 18 weeks
- Complete 95% of Headstart Part 1 assessments in 5 days and 97% in 7 days
- Respond to correspondence relating to your application within 4 weeks
- Issue a decision following a hearing within 3 months.
We're working hard to process your trade mark requests. Check our monthly update to find out what we're currently working on.
We're busy processing applications for both Australian and international trade marks.
| Application type | We're currently examining applications filed in |
| Domestic | July 2024 |
| International (other) | July 2024 |
| International (Madrid) | August 2024 |
| Expedited (requested) | August 2024 |
| Converted TM Headstart | August 2024 |
We're actively processing pre-application (TM Headstart) service requests.
| Type | Current approximate response time |
| TM Headstart request | 5 business days |
We're also working on requests related to trade mark oppositions and hearings.
| Type | Current approximate response time |
| Process of statement of grounds and particulars (SGP) | 2 weeks from filing |
| Decision without a hearing | 2 months from request |
| Allocation of written submission hearing date | 6 months from request |
| Allocation of oral hearing date | 10 months from request |
| Hearing decision issued | 3 months from hearing |
These response times are current as of 3 September 2024.
Patents service levels
As a part of our commitment to customer service, we'll aim to:
- Issue a first report for a standard patent within 12 months
- Issue a first report for an expedited patent examination within 8 weeks
- Respond to correspondence relating to your application within 20 working days
- Issue a decision following a hearing within 3 months
- Issue 85% of international search reports (for one invention) in 10 weeks and 95% (for all search requests) in 12 weeks
- Issue 85% of international-type search reports (for one invention where the original request is compliant) in 6 weeks and 95% (for all search requests from receiving a compliant request) in 8 weeks.
We're actively processing your patent application and expect to update the turn around time monthly. Here's what we're currently working on.
| Action | Fee |
| Examination request | $490 |
Voluntary amendments to your application
You'll need to pay a fee if you decide to make amendments to your standard patent application before examination.
There isn't a fee for voluntary amendments made to provisional applications.
| Action | Fee |
| Amend standard patent specification before examination | $250 |
Timeframe to request examination
You have up to 5 years from your filing date to request examination and pay the associated fee.
If it's been close to 5 years since you applied and you still haven't requested examination, we'll send you a reminder. You'll have 2 months from the date of the reminder to request examination. If you don't request examination or fail to pay the fee, your application will lapse.
Expected wait times
Usually, it takes around 12 months for us to examine your application from the date you request examination. This time generally depends on the demand for our services. The table below outlines our current wait times.
In some circumstances, you can request speedier examination of your application. This reduces the waiting time to between 4 and 8 weeks. You won't need to pay a fee for this, but you'll need to explain why your application is eligible for faster processing.
Current timeframes for examination are detailed below. These response times are current as of 13 November 2024. We update this information monthly.
| Application type | Current response times | We're currently examining applications filed in |
| CHEM 1 - Biotechnology | 18 months | April 2023 |
| CHEM 2 - Chemical compounds | 10 months | December 2023 |
| CHEM 3 - Bio-therapeutics | 21 months | January 2023 |
| CHEM 4 - Polymers and applied chemistry | 13 months | September 2023 |
| CHEM 5 - Pharmaceuticals | 15 months | July 2023 |
| ELEC 1 - Physics | 9 months | January 2024 |
| ELEC 2 - Electronics and communications | 9 months | January 2024 |
| ELEC 3 - Computing | 10 months | December 2023 |
| ELEC 4 - Data processing and measurements | 10 months | December 2023 |
| MECH 1 - Mechanical engineering | 11 months | November 2023 |
| MECH 2 - Construction and mining | 12 months | October 2023 |
| MECH 3 - Process engineering | 11 months | November 2023 |
| MECH 4 - Medical devices | 10 months | December 2023 |
| MECH 5 - Packaging and appliances | 12 months | October 2023 |
Design right service levels
As a part of our commitment to customer service, we'll:
- Issue 85% of first reports from registration requests in 8 weeks and 95% in 9 weeks
- Issue 85% of first reports from examination requests in 13 weeks and 95% in 16 weeks.
Plant breeder's right service levels
As a part of our commitment to customer service, we'll:
- Issue 85% of initial examination reports in 8 weeks
- Issue 85% of further examination reports in 4 weeks.