Can I fast-track examination?

Yes. Expedited examination is free and often takes about 8 weeks. A US, European or other allowance can support it through the Patent Prosecution Highway.

What if examination is not finished within 12 months?

The application lapses, and the deadline cannot be extended. The safety net is a divisional application, filed before the deadline or within 3 months of the acceptance being advertised.

How long does an Australian patent last?

A standard patent lasts 20 years from filing, or up to 25 years for pharmaceutical patents, as long as renewal fees are paid.

Can I still file an Australian innovation patent?

No. The innovation patent system was phased out in August 2021. Only standard patents and registered designs remain.

Can I use Modified Examination based on a foreign grant?

No. IP Australia stopped accepting requests for modified examination on 15 April 2013. Every standard patent application now goes through standard examination. You can request examination at any time within 5 years of filing, or within 2 months of a direction from IP Australia.

Does Australia offer a grace period?

Yes. Australia has a 12-month grace period for inventor-originated disclosures. This is broader than Europe, which has no general grace period, but applicants should still avoid public disclosure where possible to preserve worldwide rights.

Are software inventions patentable in Australia?

Often, yes. In 2025 the Full Federal Court held in Aristocrat that an idea carried out on a computer can be patentable when it produces an artificial state of affairs and a useful result. The High Court declined to hear an appeal in February 2026, and IP Australia updated its examination manual in March 2026. How the claims are written still decides the outcome.

What about New Zealand?

Australia and New Zealand are separate jurisdictions with separate applications. One Trans-Tasman attorney register covers both countries, and New Zealand uses a similar examination framework.

Patent filing · IP Australia

Protect your invention in Australia.

An Australian patent is examined only when you ask. Strong claims, filed right, decide what you get.

Start My Patent

Questions first? Ask our attorney.

Search and strategy first. Drafting and filing quoted in writing before any work.

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GTC patent attorney reviewing an invention for IP Australia filing

10+ years

Top IP Consultancy for E-Commerce, IIPLA 2026Upwork · Top Rated Plus

Trusted by founders and brands worldwide

Before you start

How are you filing?

Directly in AustraliaA standard application at IP Australia, drafted from your invention.Start My Patent
Through the PCTOne international application first, then Australia at 31 months.See PCT Filing
Provisional firstA 12-month placeholder while you develop the invention. The complete application must follow.See Provisional Filing

What it costs

One engagement, two clear stages.

You start with a search and a filing strategy, then a flat drafting-and-filing fee, so you decide with the search in hand, never a surprise. Government fees are passed through at cost.

Step One

Strategy & Search

$500

Patentability search + a written opinion on how to file.

IP Australia patentability search and clearance assessment
Strategy: direct AU filing vs PCT national phase, and timing of the examination request
Examination request plan, coordinated with a registered Australian patent attorney
Engagement letter & roadmap (Step Two only if you proceed)

Step Two

Drafting & Filing

From $3,000

Drafting and filing your Australia application.

Full standard-patent specification, claims & abstract
IP Australia-compliant drawings (up to 10 figures)
Filing through a registered Australian patent attorney
Request for Examination within the 5-year window

IP Australia official fees and annual renewals (from the 4th anniversary) are pass-through at cost.

Start My Patent

IP Australia government fees, translations, and any complexity surcharges are quoted separately and passed through at cost.

Know the rules

How patent filing works in Australia.

Patent term, up to 25 for some pharmaceuticals: 20 years
Included. Each claim above 20 costs extra.: 20 claims
Expedited examination, including through the PPH: Free
Address for service you need: AU or NZ

1

File the application

Owner and inventor details, plus any priority claim such as a provisional.
2

Request examination

Within 5 years of filing, or 2 months after IP Australia directs you.
3

Examination

About 6 months' notice first. Then 12 months to resolve every issue.
4

Acceptance and grant

Pay the acceptance fee. Others then have 3 months to oppose.

Key dates

12 months

Complete application after a provisional
31 months

PCT national phase entry
4th anniversary

First renewal, even before grant
Within 5 years

Request examination
1 month after report

Pay fees for claims above 20
12 months after report

Resolve every issue

Your deadlines

Your situation

Filing date of your provisional

An estimate. We confirm your dates before any filing.

Pick a date to see your own deadlines.

What you need

Owner and inventor details
Priority application details, if any
An address for service in Australia or NZ
About 6 months' notice before examination: time to trim claims

Common mistake

Counting on a foreign grant

Modified examination ended in 2013. A US or EP allowance can still fast-track you.

Common mistake

Grace period from the wrong date

The 12 months count back from the complete application, not the provisional.

Official sources (7)

The team on your file

A dedicated team, with you at every step.

We manage your application end to end. A registered patent attorney drafts and files it with IP Australia, and your account team tracks every deadline.

Your Account Manager

Your day-to-day contact. Knows your file, so every conversation starts where the last one ended.
Your Senior Account Manager

Senior oversight on strategy and anything that escalates, so nothing important slips.

Our team

Attorneys and legal specialists supporting your matter.

Managed end to end by GTC

Meet our team

In their words

All your legal, in one place.

One accountable team for every service, operating since 2016.

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10+

Years since 2016

Australian patent questions

What inventors ask before filing.

Not to file your own application, but you need an address for service in Australia or New Zealand. Anyone who files or drafts for you for a fee must be registered with the Trans-Tasman IP Attorneys Board.