Australian Standard Patent Application Process

>> Australian Standard Patent Application Process

After filing a standard patent application in Australia, or entering the National Phase of a PCT application in Australia, examination must be requested within 5 years from the filing date. However, in practice, the Australian Patent Office will set an earlier deadline by issuing a Direction to Request Examination. Once the Direction issues, examination must be requested within 2 months. From our experience, the Direction will typically issue about 55 months from the filing date due to delays at the Australian Patent Office. 

After requesting examination, it will typically be 12-18 months before a first examination report issues. The acceptance (i.e., allowance) deadline will be 12 months from the date of the first examination report.

Following successful examination, the application will proceed to acceptance and third parties are provided with an opportunity to oppose the grant of a patent within 3 months of the advertisement of acceptance. If there is no opposition, a patent will issue shortly thereafter.

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

Australian standard patent application flow chart