Utility Patent in Australia
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Search AusPat and global databases to assess novelty against Australian patent standards.
Prepare complete specification meeting Australian requirements: claims, description, abstract, and drawings.
Choose between:
• Direct AU application
• PCT national phase entry (31-month deadline)
IP Australia verifies application completeness. Provisional applications published after 18 months.
Must request examination within:
• 5 years (standard patent)
• 2 years (innovation patent)*
*Phased out for new filings after 25 Aug 2021
IP Australia examines for:
• Novelty
• Inventive step
• Industrial applicability
• Sufficient disclosure
Respond to objections within:
• 12 months (standard)
• 2 months (innovation patent)
Extensions available with fees
Once accepted:
• Standard patents published in Official Journal
• Opposition period: 3 months
• Standard patent: 20 years
• Innovation patent*: 8 years
Annual renewal fees apply from 4th year
Key Australian Patent Features:
Timeline: Standard patents typically take 2-5 years. Innovation patents (if eligible) grant within months but require examination for enforcement.
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.
Expert IP protection from a team with proven legal success.
Affordable IP solutions with no compromise on quality or service.
All-in-one services for IP registration, protection, and litigation.
We develop IP strategies aligned with your business growth goals.
Trusted by thousands for trademarks, patents, and design protection.
Trusted by startups, entrepreneurs, and enterprises worldwide — our intellectual property solutions ensure your innovations stay protected and your business thrives with confidence.
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Legal advisory is a key to success for any company in order to protect your business and to take the best route for your company success.
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.
• 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.
• 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)
• 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
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
• 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
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.
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.
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