Contact us

Utility Patent in Australia

Secure & Confidential sharing. Get Pending Patent status right away.  Design Search is complementary worth $225 with all packages. 

Patent Registration
img

Standard

$6500

Pay as you go

Features Included

  • International Filling Only
  • Attorney Filling
  • Gov fee included

Premium

$9500

All in One

Features Included

  • All standard +
  • 1st Signatory country filling
  • Drafting of Patent
  • Technical Drawings

Patent Registration Process in Australia

01

Australian Patent Search

Search AusPat and global databases to assess novelty against Australian patent standards.

02

Drafting for IP Australia

Prepare complete specification meeting Australian requirements: claims, description, abstract, and drawings.

03

Filing Strategy

Choose between:
• Direct AU application
• PCT national phase entry (31-month deadline)

04

Formalities Check

IP Australia verifies application completeness. Provisional applications published after 18 months.

05

Request Examination

Must request examination within:
• 5 years (standard patent)
• 2 years (innovation patent)*
*Phased out for new filings after 25 Aug 2021

06

Substantive Examination

IP Australia examines for:
• Novelty
• Inventive step
• Industrial applicability
• Sufficient disclosure

07

Address Examination Report

Respond to objections within:
• 12 months (standard)
• 2 months (innovation patent)
Extensions available with fees

08

Acceptance & Publication

Once accepted:
• Standard patents published in Official Journal
• Opposition period: 3 months

09

Patent Grant

• Standard patent: 20 years
• Innovation patent*: 8 years
Annual renewal fees apply from 4th year

Key Australian Patent Features:

  • No Utility Models: Only standard patents (20y) and (phasing out) innovation patents (8y)
  • Modified Examination: Option to use corresponding granted foreign patents (e.g., EP/US) to expedite
  • PCT National Phase: 31-month deadline from priority date for AU entry
  • Expedited Examination: Available for green tech or under Global Patent Prosecution Highway (GPPH)

Timeline: Standard patents typically take 2-5 years. Innovation patents (if eligible) grant within months but require examination for enforcement.

Why Choose United Legal Experts?

We stand out with a proven track record in delivering effective, affordable, and comprehensive IP solutions worldwide. Our strategic approach and thousands of satisfied clients underline our commitment to protecting your intellectual property.

Experience That Delivers

Expert IP protection from a team with proven legal success.

Cost-Effective Excellence

Affordable IP solutions with no compromise on quality or service.

Complete IP Solutions

All-in-one services for IP registration, protection, and litigation.

Strategic Partnership

We develop IP strategies aligned with your business growth goals.

Proven Success

Trusted by thousands for trademarks, patents, and design protection.

Utility Patent Registration in Australia Protect Your Invention

In Australia, innovators can protect their technical inventions through patents, including standard patents and innovation patents (note: new innovation patent filings are no longer accepted after August 25, 2021). The standard patent remains the primary route for protecting inventions in Australia, offering strong protection for up to 20 years. Our team helps inventors and businesses navigate the IP Australia system to secure their intellectual property rights efficiently and effectively.

✅ Frequently Asked Questions

What type of patent can I apply for in Australia?

+

Australia offers two types of patents:

• Standard Patent (currently active): Provides protection for 20 years.
• Innovation Patent (now phased out): As of August 25, 2021, no new innovation patent applications are accepted.

Who can apply for a patent in Australia?

+

Both residents and non-residents (including international individuals and companies) can apply for a patent in Australia. Foreign applicants typically file through a patent attorney or legal representative.

What inventions can be patented in Australia?

+

To be eligible for a patent in Australia, an invention must be:

• Novel (new and not disclosed publicly anywhere in the world)
• Inventive (not obvious to a skilled person in the field)
• Useful (capable of being used in industry)

What cannot be patented in Australia?

+

You cannot patent:

• Human beings and biological processes for their generation
• Artistic creations, literary works, or abstract ideas
• Mathematical models, mental processes, or purely business methods without technical aspects

What is the process for obtaining a standard patent?

+

The process includes:

1. Filing a provisional or complete application
2. Formalities examination
3. Request for examination (must be made within 5 years)
4. Substantive examination
5. Acceptance and publication
6. Grant of patent

How long does it take to get a patent granted in Australia?

+

On average, the process takes 2–4 years, depending on the complexity of the invention and response times.

What is the term of protection for a standard patent?

+

A standard patent is valid for 20 years from the filing date, subject to annual renewal fees from the 5th year onward.

Does Australia participate in the PCT system?

+

Yes, Australia is a member of the Patent Cooperation Treaty (PCT). You can file an international application and enter the national phase in Australia within 31 months of your earliest priority date.

Do I need a patent attorney to file in Australia?

+

While not legally required, it’s highly recommended to work with a registered patent attorney to ensure your application meets IP Australia’s legal and technical standards.

Why choose us for patent registration in Australia?

+

We offer:

• Skilled patent drafting and filing assistance
• End-to-end support through IP Australia
• Expert PCT national phase filing services
• Strategic patent advice tailored to your invention

Request a call Back.

Would you like to speak with one of our IP Adviser over the phone to discuss your requirements? Just Submit your details and we’ll be in touch shortly. You can also email us if you would prefer.

Request for an Attorney

Would you like to speak with one of our IP Adviser over the phone to discuss your requirements? Just Submit your details and we’ll be in touch shortly. You can also email us if you would prefer.

I would like to discuss about







    How can we help you?

    Get Started