How Long Does It Take to Get a Patent in Australia?
Getting a patent is like running a marathon—you need stamina, a plan, and the willingness to push through obstacles.
If you’re a business owner with deliverables, you’re probably asking, “How long does it take to get a patent in Australia?”
Spoiler alert: it’s not overnight.
But don’t worry; by the end of this, you’ll know exactly what to expect and how to navigate the patent application process.
Why Knowing How Long It Takes to Get a Patent Matters
Before diving into how long it takes to get a patent, let’s talk about why the timeline matters.
Years ago, I met an inventor who’d been hesitating on filing a patent application for years. By the time he approached me, another company had already launched a similar product and he was wondering if there was anything he could do.
The short answer? No.
If he had acted earlier, he might be in a completely different position right now.
Here’s the deal: patents protect your competitive edge. Your filing timeline can influence your ability to:
Launch confidently
Attract investors
Stop copycats
Understanding how long it takes to get a patent helps you align your business strategy with the reality of the patent process.
How Long Does It Take to Get a Patent in Australia?
The time it takes to get a patent varies based on the type of patent, the complexity of your invention, and how quickly you navigate the process. Below, we break down the main stages of the patent process and the typical timeframes involved.
The Main Stages of the Patent Process in Australia
Stage 1: Patent Searching, Drafting and Filing (1–3 Months)
The preparation phase is like setting up for a big road trip—you don’t just hop in the car without packing and planning.
This stage includes:
Conducting a patentability search: This search aims to answer whether your invention is actually novel (a key requirement for patent protection).
Drafting the patent specification: This is where the magic happens. A well-written patent application with thoughtful patent claims is the difference between a robust patent and one that’s not worth the paper it’s written on.
At the drafting stage, your Australian patent attorney will pick your brains about the ins and outs of your invention, and ask probing questions relating to:
your technical background
your industry expertise
your motivation for the invention
any technical challenges you faced
the closest thing to your invention that you’re aware of
whether you’ve disclosed the invention to third parties
how you plan to use patent protection to achieve your commercial objectives
With all the technical details understood and fleshed out, your patent attorney will usually draft your patent application within 1-4 weeks.
It is best to think of this as a cooperative process during which you and your attorney go back and forth to ensure what they’ve written comprehensively covers your invention (and possible variations).
Once all the boxes are ticked, your patent application is filed with an appropriate IP Office, such as IP Australia.
The IP office(s) you file with depends on your filing strategy and the countries you want to pursue protection in. Your patent attorney can guide you on this, particularly if you are interested in the international patent protection process.
Stage 2: Examination (1–5 Years)
Here’s where the real waiting begins.
After filing your complete patent application (not a provisional patent application), it sits in a queue waiting to be examined by IP Australia.
Timeline for Requesting Examination
You have up to five years after filing your complete application to request examination but IP Australia usually directs you to request it earlier.
Even after requesting examination, IP Australia can take over 12 months to examine your application.
What Happens During Examination?
IP Australia checks:
Is your invention genuinely new?
Is it inventive (not just an obvious tweak of existing technology)
If the examiner has concerns, they’ll issue an examination report and you’ll have 12 months to overcome all the issues.
Stage 3: Grant of Patent
Once all objections are addressed, congratulations—you’ve (virtually) got your patent!
Your application will first be “accepted” for grant and IP Australia will publish this in the Australian Official Journal of Patents.
Once acceptance of your application is published, third parties have a window of three months to oppose the grant of your patent. This is typically rare and limited to fierce competitors in a lucrative space.
Assuming no one opposes your application, then once the three months is up
To obtain a granted standard patent in Australia, the process usually takes 2–5 years from the initial filing.
Why Does It Take So Long to Get a Patent?
A mix of factors:
The examiner’s workload.
The complexity of your invention.
Delays in responding to examination reports (on your end or theirs).
While waiting might feel like forever, remember this: pending patent rights start from the filing date of your very first application (e.g., your provisional patent application).
Can You Speed It Up? Absolutely.
Sometimes, waiting isn’t an option. Maybe you’re about to launch or need a patent to impress investors.
There are ways to speed up examination which are detailed the optional step in our article about what to expect during the Australian patent examination process.
Life After Your Patent Is Granted
Once you’ve secured your patent, the work isn’t over. Here’s what comes next:
1. Maintenance Fees
Patents aren’t a “set and forget” deal. You’ll need to pay annual fees to keep your patent in force.
Your patent attorney will stay on top of these payment deadlines to make sure your hard-fought patent doesn’t lapse just because of some administrative oversight.
2. Enforcing Your Rights
A patent gives you the right to stop others from using, selling, or manufacturing your invention without permission. If someone infringes your patent, you’ll need to act.
Your patent attorney may provide a watch service to keep tabs on the IP filing and commercial activities of your key competitors. Who knows? You might need to be the one opposing their patent applications!
Key Takeaways
So, how long does it take to get a patent in Australia? Usually within 1-5 years, depending on your filing strategy.
That said, it is underappreciated how the patent application process and timeline can be leveraged to bolster your commercial objectives.
Invention taking longer to finalise and costs need to be contained? No worries - your patent attorney can help you delay the examination process.
Need rights ASAP to enforce against an infringer? No worries - your patent attorney can expedite examination to help get your patent granted quick smart.
While the patent application process can feel unforgiving with its strict and often costly deadlines, a knowledgeable patent attorney can help leverage your patent timeline in your business’s favour.
