Patent Filing in Australia

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
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)

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
  • Complete specification including:
    • Title
    • Description
    • Claim or claims to the invention
    • Abstract
  • 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.

Offline Filing

You can mail your application at the following address:

The Commissioner of Patents
IP Australia
PO Box 200
Woden ACT 2606 Australia

E-filing

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.

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