Understanding Australian patents
Patents protect inventions that are new, involve an inventive step and are useful. In Australia, patents are administered by IP Australia. A granted standard patent can last up to 20 years (pharmaceuticals may get limited extensions). The innovation patent system is now closed to new filings.
Key legal concepts you will hear include:
- Novelty: your invention must not be publicly disclosed anywhere in the world before your filing date.
- Inventive step: the difference over known technology must not be obvious to a skilled person.
- Enablement and best method: your specification must teach how to perform the invention, including the best method known to you.
- Manner of manufacture: the subject matter must be patentable (certain business methods, abstract ideas and some diagnostic methods can be excluded).
Important: Public disclosure (sales, pitches, posts or academic papers) before filing can destroy novelty and overseas rights. Use NDAs and file first where possible.
Patent options and typical costs
Common filing pathways
- Provisional application: 12‑month placeholder to secure priority while you test or refine. Must be followed by a complete application within 12 months.
- Standard patent (complete): full application examined by IP Australia. Provides enforceable rights once granted (up to 20 years, subject to renewals).
- PCT (international): a single filing that defers country-by-country decisions up to 30/31 months from the earliest filing date.
- Trade secret: keep it confidential instead of filing. Works best when the invention is hard to reverse‑engineer and can stay secret.
Government and professional fees
Government fees change, but as a guide:
- Provisional filing (online): from about $110.
- Standard patent filing (online): about $370.
- Examination request: about $490. Acceptance: about $250.
- Renewals: start around $315 in year 5 and increase annually.
Typical professional fees vary by complexity:
- Provisional drafting: $1,800–$4,500+.
- Standard patent drafting: $5,000–$12,000+.
- PCT filing and handling: $6,000–$15,000+.
Ask for a fixed-fee quote for your field and stage.
Patent application process and timeline
| Stage | What usually happens |
|---|---|
| Search and strategy | Check prior art, confirm patentability, choose between provisional vs standard and whether to plan a PCT. |
| Drafting | Prepare a detailed specification, drawings and claims that support the full scope and disclose the best method. |
| File | File a provisional or complete standard patent with IP Australia and keep confidentiality around the invention. |
| 12‑month deadline | If you filed a provisional, file a complete standard and/or PCT within 12 months to retain the priority date. |
| Examination | Request examination, respond to examiner’s reports, and amend claims as needed. Expedited examination may be available. |
| Acceptance and grant | Pay acceptance, manage publication/opposition windows, and maintain the patent with annual renewals from year 5. |
Documents and information that strengthen your application
The better your technical description and evidence, the stronger your filing and later prosecution will be.
- Technical description covering all embodiments and the best method.
- Clear drawings or flow diagrams that match the description.
- Claims strategy outlining core and fallback positions.
- Prior art search results and competitor landscape.
- Ownership and assignment documents (especially for employee‑created IP).
- Prototype data, testing results or performance comparisons (where relevant).
Avoid common patent mistakes
What trips up applicants
- Public disclosure before filing (including crowdfunding pages and conference talks).
- Under‑describing the best method or not enabling the invention.
- Claims drafted too broadly without support or too narrowly to be valuable.
- Missing the 12‑month conversion deadline after a provisional.
- Skipping a prior art search and spending on a weak position.
- Confusion about ownership where multiple founders, contractors or universities are involved.
Practical tips
- Use NDAs and mark shared material as confidential until you file.
- Capture variations and fallbacks in your first filing to keep room for amendment.
- Budget for examination responses and potential claim amendments.
- Consider trade secrets for processes that can remain hidden.
- Plan PCT and national phase deadlines in a calendar with reminders.
Patent application FAQ
When should someone seek patent advice?
Before public disclosure, fundraising or sales. Early advice helps you pick the right pathway (provisional, standard, PCT), avoid novelty problems and control costs.
Do patents protect software?
Some computer‑implemented inventions can be patentable if the contribution is technical and not merely a business method or abstract idea. Careful drafting is critical.
What if I already disclosed my idea?
Australia has a limited grace period, but relying on it is risky and may not protect your overseas options. Get advice urgently and gather proof of dates and disclosures.
Can I file without drawings?
Sometimes, but good drawings often strengthen enablement and support broader claims. Include diagrams or schematics wherever helpful.
How do I enforce a patent?
Monitor competitors, gather evidence of infringement, and seek advice on letters of demand, negotiations, licensing or court action. Strong claims and documentation matter.
Need help with an Australian patent application?
Use the form below for free help understanding your options, costs and next steps. We can connect you with registered patent attorneys and IP lawyers near you (Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, Hobart, Darwin).