Timeframes and fees

1. Application

There are 2 types of patent applications:

1. A provisional application gives you the earliest possible priority date and signals your intention to lodge a complete application in the near future.

2. A complete application, used for standard patents, starts the formal process to have an enforceable patent granted.

Cost depends on the type of application you apply for — see below.

How to apply

Provisional patent application fees

A provisional patent application costs a minimum of $100. To check if your invention hasn't already been published by somebody else, you can opt for an international-type search request for $1100.

Standard patent application fees

A standard patent application costs a minimum of $400.

A preliminary search and opinion (PSO) is suitable for anyone who wants an early indication of their invention's patentability prior to examination. It doesn't replace formal examination or act as a binding determination of your application's validity. This is an optional step.

Note that once you request examination, you can no longer request an optional preliminary search and opinion (PSO).

Postal application fees

If you can't submit your application online, you can post it to us. Please note, higher fees apply.

Extension of time

Many stages in the application process have deadlines. If you miss a deadline, or think that you need more time, you may be eligible to request an extension of time.

The cost will depend on the circumstances. Please note the following fees are charged by us. If you have an attorney acting on your behalf, you may be liable for additional legal fees.

2. Examination 

Your standard patent application must be examined by us before you can enforce your rights. If there are no issues with your application, it will progress to the 'acceptance' step. If your application doesn't meet the requirements, we'll send you a report explaining the issues.

In some cases, you may be able to fix your application. You won't need to pay a fee to make amendments provided in response to our report.

How to respond to examination reports

Fees

Examination of a patent costs a minimum of $550.

A re-examination can be requested by a third party if they believe that your patent infringes on their IP.

Voluntary amendments to your application

You'll need to pay a fee if you decide to make amendments to your standard patent application before you request examination.

There isn't a fee for voluntary amendments made to provisional applications and there isn't a fee if voluntary amendments are requested after a request for examination is made.

Claim fee charges at first examination report stage (if examination is requested after 1 October 2024).

You'll need to pay a fee if your application is proposed to contain more than 20 claims when an examiner first examines your application. You can reduce this liability by filing a voluntary amendment to reduce the number of claims on file ensure you have 20 or less claims prior to examination. If examination is requested before 1 October 2024, this fee does not apply.

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 approximately 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.

How to request an examination

Current timeframes for examination (as of 13 November 2024) are detailed below. We update this information monthly.

3. Acceptance

If your application passes examination, we'll email your online services inbox to let you know.

We'll publish a notice of acceptance in the Australian Journal of Patents (AOJP). Third parties will then have three months from when the notice is published to oppose grant of your application.

Fees

Once your application has been accepted, you'll need to pay a fee.

For applications where you request examination on or after 1 October 2024, if the specification contains more than 20 claims, you'll need to pay an additional fee per claim according to the maximum number of claims considered by an examiner during examination (less that already paid at first report stage), as well as the mandatory acceptance fee.

If you file a voluntary amendment after acceptance, further fees apply.

For applications where you request examination before 1 October 2024 the following fees apply for acceptance.

Voluntary amendments to your application

4. Grant

If your patent isn't opposed, or if you overcome oppositions, we'll grant it and update its status in the Australian Official Journal of Patents (AOJP) and the Australian Patent search.

The granting of a patent provides 20 years' protection for standard patents or 25 years for pharmaceutical patents from the filing date, provided that renewal fees are paid. Once registered, it's your responsibility to manage and maintain your patent. There may be costs associated with this.

Manage my IP

Re-examination request

In some instances, a third party may ask us to re-examine your patent application. You may also request a re-examination of someone else's examination. The re-examination fee will be charged to the party that made the request.

Costs of documents and certificates

You can order photocopies, certified copies or duplicates of documents through online services.

If you need your documents urgently, we can expedite postage. Please note, this only speeds up the postage time, not our processing time for your request.

Log in to online services

You can also order a commemorative certificate for display purposes from a third party.  The cost starts at $80 (+ GST). Commemorate certificates aren't legal documents and don't replace your official certificate.

Order a commemorative certificate