Patent Filing in Australia
Australia is a key Asia-Pacific market with a high-quality examination system. National phase entry is simple for English applications, with examination normally requested on direction from IP Australia.
When is your national phase deadline in Australia?
Enter the earliest priority date of your PCT application (or the international filing date if there is no priority).
Patent filing in Australia: key facts
Reinstatement of rights is permitted under the due care criterion, with a fee of 100 AUD.
None
Request based. Usually requested within 2 months of a direction from IP Australia, and within 5 years of filing.
The PCT publication stands; IP Australia advertises the entry.
20 years from the international filing date.
Typically 2 to 3 years. Faster through expedited examination or the PPH.
Renewal fees from the 4th anniversary of the international filing date.
No equivalent: the innovation patent was phased out in 2021.
Yes
Official fees for patent filing in Australia
Filing in several countries? Compare fees with other countries →
Standard official fees (general)
From the WIPO PCT Applicant's Guide, updated August 20, 2026. Amounts in AUD. Your exact fees depend on your application: use the calculator above.
| Fee | Amount | Notes |
|---|---|---|
| Filing fee | AUD 400 | Applies where the preferred means for specific transactions are used: Online Services (eServices) or Business to Business (B2B). Other means, such as mail or at a counter: 600. Must be furnished or paid within the Article 22 or 39(1) time limit. |
Fee reductions: None
National phase entry requirements
Time limit
31 months from the priority date under PCT Article 22(3) and PCT Article 39(1)(b)
Translation
Description, claims, and any text matter of drawings. Under Article 22, claims must be provided as originally filed and as amended, if amended. Under Article 39(1), amended claims are provided only as amended by the annexes to the international preliminary examination report. Translations must be furnished or paid within the Article 22 or 39(1) time limit. A verified translation is required only if the Commissioner requests it.
Late entry and reinstatement
Reinstatement of rights is permitted under the due care criterion, with a fee of 100 AUD. Requests for restoration of the right of priority are accepted and handled under national requirements. The Office also accepts the effect of restoration of priority by the receiving Office.
Agent and power of attorney
Not required. Any person registered to practise as a patent attorney before the Office may act as agent. An address for service in Australia or New Zealand must be provided, but representation by an agent is not required.
Special requirements of the office
- Name of the inventor, if not given in the Request part of the international application. This may be satisfied by a declaration under PCT Rule 4.17.
- Statement or notice of the applicant's entitlement to apply for and be granted a patent. This may be satisfied by a declaration under PCT Rule 4.17.
- Statement or notice of the applicant's entitlement to claim priority of the earlier application. This may be satisfied by a declaration under PCT Rule 4.17.
- Address for service in Australia or New Zealand. No representation by an agent is required.
- Verification of translation, only upon request by the Commissioner.
Other information
- If the special requirements are not complied with within the Article 22 or 39(1) time limit, the Office will invite the applicant to comply within a time limit set in the invitation.
- A copy of the international application is required only if the applicant expressly requests an earlier start of the national phase under PCT Article 23(2) before receiving Form PCT/IB/308, and the Office has not received a copy from the International Bureau under PCT Article 20.
- The Office accepts colour drawings without any conditions.
- Fees must be paid to the Australian Patent Office in Australian dollars by credit card, Visa or Mastercard debit card, selected service accounts, cash, cheque, money order, EFT, or direct debit. Bank transfer details are in Annex AU.I.
Source: WIPO PCT Applicant's Guide, national chapter, updated August 20, 2026.
What you need to file in Australia
| Document | When |
|---|---|
| Entry request | At entry |
| English translation, if needed | Can be filed later |
| Notice of entitlement | Can be filed later |
| Assignment, if the applicant changed | If applicable |
Not required when a registered Australian attorney acts.
Entitlement is declared; assignments are recorded if the applicant changes.
Acceptance, a 3-month opposition period, then grant.
Filing requirements in detail
| Extension of the filing deadline | Yes |
|---|---|
| Amendments at entry | Yes |
| Article 19 amendments | Possible |
| Chapter II / Article 34 amendments | Possible |
| PPH fee | 600 |
| Office action extension | Yes |
From national phase entry to grant
- 1Month 31National phase entry
Fees and documents filed.
- 2Direction to requestExamination request
Filed within 2 months of direction.
- 3About 6–12 monthsFirst examination report
Objections raised by the examiner.
- 412 months to acceptanceResponses
Amendments and arguments filed.
- 5After acceptanceOpposition period
Three months for third-party opposition.
- 6After opposition periodGrant
Patent sealed and granted.
- 7From year 4Renewal fees
Paid yearly to keep the patent in force.
Patent filing in Australia: questions
What is the deadline for PCT national phase entry in Australia?
31 months from the earliest priority date.
Can I enter the national phase in Australia after the deadline?
Reinstatement of rights is permitted under the due care criterion, with a fee of 100 AUD. Requests for restoration of the right of priority are accepted and handled under national requirements. The Office also accepts the effect of restoration of priority by the receiving Office.
In which language must the application be filed in Australia?
English. Description, claims, and any text matter of drawings. Under Article 22, claims must be provided as originally filed and as amended, if amended. Under Article 39(1), amended claims are provided only as amended by the annexes to the international preliminary examination report. Translations must be furnished or paid within the Article 22 or 39(1) time limit.
Do I need a local patent attorney in Australia?
The PCT applicant or its successor in title. Applicants act through a registered Australian patent attorney.
Is a power of attorney needed, and must it be legalized?
Not required when a registered Australian attorney acts.
Are there official fee reductions in Australia?
None
How does examination work in Australia?
Request based. Usually requested within 2 months of a direction from IP Australia, and within 5 years of filing.
How long does it take to get a patent in Australia?
Typically 2 to 3 years. Faster through expedited examination or the PPH.
Is utility model protection available in Australia?
No equivalent: the innovation patent was phased out in 2021.
How much does patent filing in Australia cost?
The cost is the official fees of the patent office plus professional fees. The standard official fees from WIPO are listed on this page; the calculator works out the exact official fees for your application (pages, claims, applicant type) after a quick email check, and our team sends a full quote on request.
File in Australia with AnalystIP
- One point of contact for national phase entry in 150+ countries
- Deadlines, translations, local agents and formalities handled for you
- Every cost set out before you instruct