Australia has always been an Innovation giant. Below, you will find an overview for the filing procedures, routes and fees for Patent Filing in Australia.
Patent Filing in Australia – The Options
Seeking a patent in Australia? You may use the following routes:
1. Direct Filing with the Australian IP Office (IPA)
- With this route, you can file a patent application with the Australian IP Office (IPA)
- If you receive a grant, it shall be valid only in Australia.
2. International Filing via Patent Cooperation Treaty (PCT)
- This option allows you to file a single international application simultaneously in many countries.
- PCT has 152 Contracting States and is administered by the World Intellectual Property Organisation (WIPO).
- However, the granting of a patent in Australia remains under the control of the IPA, i.e “national phase”.
3. International Filing via Paris Convention
- This option is similar to PCT. Hence, the Paris Convention allows simultaneous multi-country filing.
- Paris Convention has 177 Contracting States and is also administered by WIPO.
- However, the granting of a patent in Australia remains under the control of the IPA.
- The Paris convention offers a relatively faster route as compared to the PCT and it is more economical.
Patent Filing in Australia: Requirements
You can file the following types of patents with the IPA:
- Standard Patent Application
- Innovation Patent Application
The complete set of documents must include the following:
- A Patent Request Form
- Claim or claims to the invention
- Drawings (if any)
- Filing Fee
- Address of legal service in Australia or New Zealand.
- Appointment of a patent agent, when required (if you don’t have a legal address in Australia)
Filing Options (IPA)
You can file your application offline with the IPA or use the e-filing system.
You can mail your application at the following address:
The Commissioner of Patents
PO Box 200
Woden ACT 2606 Australia
- You can file your application online through IPA’s E-filing Portal.
|Action||Fee (online services)||Fee (other means)|
|Provisional patent application||$110||$210|
|Standard patent application||$370||$470|
|Innovation patent application||$180||$280|
|National phase entry (PCT)||$370||$470|
|Standard patent examination request||$490||–|
|Innovation patent examination request||$500||–|
|Standard patent acceptance||$250||–|
Patent Filing in Australia: Overview of Fees
To know more, visit the Schedule of Fees.