Australian Innovation Patent Application Process

>> Australian Innovation Patent Application Process

After filing an innovation patent application in Australia, the application will proceed directly through to grant following successful completion of a formalities check. From our experience, if there are no formality issues, the application will proceed to grant within 1-3 months of the filing date.

Whilst there is no substantive examination prior to grant, substantive examination can be optionally requested at any time during the term of the patent. It is important to note that an Australian innovation patent cannot be enforced unless and until it has been certified following successful substantive examination.

If substantive examination is requested, it will typically be 2-3 months before the patent is certified or a first examination report issues. In the latter instance, the deadline for certification will be 6 months from the date of the first examination report. 

The flow chart below outlines the stages in the innovation patent application process in Australia. 

Australian innovation patent application flow chart