The Australian patent application process

Start with a provisional application

Often an Australian provisional patent application is recommended as a first step towards getting a patent regardless of whether you are looking to for patent protection in Australia only, in a number of countries, or if you’re simply not sure yet.

We can prepare the application for you. To get started we’ll need a description of your invention, although it’s not necessary to have a prototype. The wording of the patent application is critical.

Then file a standard application

Twelve months after filing the provisional patent application, it’s time to file an Australian non-provisional patent application. A standard patent application is a popular option at this stage.

The standard patent application may simply re-use the wording of the provisional patent application, but can also include additional details to secure the best possible protection for aspects of the invention developed since the provisional patent application was filed.

Examination in three years or so

Once filed, the standard patent application will likely remain dormant for three years or so until the Patent Office sets a two month deadline to request examination. Typically an examination report will issue about 12 months or so after requesting examination. You then have up to 12 months to overcome the Examiner’s objections (if any).

If the application passes examination it will be accepted. In the normal course of events, a patent will be granted about four months after acceptance unless a third party (e.g. your competitor) formally opposes the grant of a patent.