What is the cost of getting a patent in Australia?
The official fee for filing a patent application in Australia is AUD 110 to AUD 370. Attorney fees for drafting a patent application in Australia can range from AUD 1500 to AUD 2200 or (USD 1000 to USD 1500) based on the complexity of the invention.
Table of Contents
- What is the cost of getting a patent in Australia?
- Stage-wise Cost for getting patent in Australia
- Stage 1: invention disclosure
- Stage 2: Novelty search / Patentability Search
- Stage 3: Opinion about patentability
- Stage 4: Patent writing or patent drafting
- Stage 5: Filing Patent application
- Stage 6: Patent Examination
- Stage 7: Office action
- Stage 8: Grant of Patent / Issue of Patent
- Stage 9: Renewal of patent fees
How much is the cost of getting a patent in Australia? There is no precise and accurate answer to this question as the cost of obtaining a patent is dependent on multiple factors, however lets discuss approximate range of costs involved at each stage from invention disclosure to grant of patent
There are two elements for the cost of getting a patent in Australia:
- The costs for Australian Patent Office fees for Forms, requests, and renewals.
- Professional Charges for patent agent / attorney
Before we proceed, One thing (question) most certainly hits the inventors mind at least once in the process of getting a patent for his invention that is:
“If I am the creator of the invention, I know it inside out and I can describe it in a detailed manner then why does Patent Attorney charge so much fees to write my patent application in the right format ?”
To get a quick and self-evident answer to your question, check our section on Why Patent Attorney charges so much fees just to write my patent application?
As a matter of fact, Patent attorney Professional charges are the most expensive component which drastically varies based on the complexity of the invention to be patented, the field of invention, and the experience of the patent attorney.
Government fees too, are different for an individual inventor, micro-entities, small entities, and large entities. and fees for patent application also differ based on a number of claims and charges for professional drawings etc. So, a lot of factors need to be considered when talking about costs involved in getting a patent in Australia.
Yet to give you an approximate idea, the cost to get a patent in Australia is approximately $4000 to $10,000+ assuming that you have hired an experienced patent attorney in Australia who is the right fit for your subject matter or invention and its complexity. Selecting the Right patent attorney for your invention at the right cost can be a more complex process than you would have imagined.
Stage-wise Cost for getting patent in Australia
Below are the stagewise cost for patent in Australia
| Stage | Official Fees |
| prepare and file a provisional patent application | AUD 110 |
| Standard patent application | AUD 370 |
| Examination request | AUD 490 |
| Amend standard patent specification before examination | AUD 250 |
| Standard patent acceptance (mandatory) | AUD 250 |
Approximate Patent Attorney Fees in Australia for stages like :
- Novelty Search AUD 370 to AUD 600 or (USD 250 to USD 400)
- Patent drafting and filing in AUD 1500 to AUD 2200 or (USD 1000 to USD 1500), and after 1 to 2 years
- Response to office actions typically requires AUD 750 to AUD 1500 or (USD 500 to USD 1000)
The link here is the fees structure mentioned at Australian Patent Office website.
Stage 1: invention disclosure
This is the initial phase when you (inventor) disclose your invention to the patent attorney you selected to work with (patent agent) by signing a Non-disclosure agreement. This agreement is to ensure the confidentiality of your invention and there are no charges for signing NDA.
When writing Invention disclosure for your invention you should submit each know fact about your invention, description diagrams, and experimental results (if any). Hold nothing back. The disclosure of the invention must be
- described in substantial details
- includes pictures, flowcharts, diagrams where ever applicable
- Optionally includes experimental data proving novelty and non-obviousness
- Charts and tables about research and development
This helps patent attorney in patent research as well as the drafting process.
Stage 2: Novelty search / Patentability Search
In this phase, patent attorney/agent performed an extensive search for prior art in all possible databases for patent, articles, thesis, etc… And builds a patentability search report based on the closest prior art found for your invention.
Although an optional step, Doing a novelty search for your invention can really save you thousands of dollars for involving in the patent process for an invention that is not novel and already known to the public.
The approximate Cost for a novelty search is in the range of AUD 370 to AUD 600 or (USD 250 to USD 400)and time required for novelty search is about 1 to 2 weeks.
The patent attorney generally prefers to have an independent opinion about the novelty search so most of them outsource it to a patent researcher.
Stage 3: Opinion about patentability
Upon receiving the novelty search report for your invention, the next step is a critical review by a patent attorney to build an opinion about the patentability of your invention. Here the cost defers based on the complexity of invention and number of closely associated prior arts found in the research. This opinion tells you (inventor) whether it would be wise to proceed with patent filing or not.
Cost: the cost for providing patentability opinion ranges from AUD 80 to AUD 100
Time required: The time required for providing patentability opinion ranges from 3-4 hours to a couple of days based on the complexity of the invention and prior arts cited in the novelty search report
On reviewing the patentability search report and discovering the closest prior arts for your invention you can decide on whether to go ahead with patent application filing. Your patentability opinion should be positive, that is, your invention needs to have an “inventive step” as compared with existing prior art to be able to qualify for a patent. When you decide to go ahead with patent filing next step is writing a patent application also called patent drafting.
Stage 4: Patent writing or patent drafting
Cost of drafting Provisional Patent application in Australia:
| Simple invention | Complex invention | Very complex invention |
| AUD 600 or (USD 400) | AUD 800 or (USD 540) | AUD 1200 or (USD 800) |
Cost of drafting Non-Provisional (complete) Patent application in Australia:
| Simple invention | Complex invention | Very complex invention |
| AUD 1500 or (USD 1000) | AUD 1800 or (USD 1200) | AUD 2200 or (USD 1500) |
Drafting a patent application is a specialized job and requires both technical (field of the invention) and legal (Australian patent law) understanding. Patent is a techno-legal document. Many inventors trying to write a patent application on their own write it from a completely technical perspective. Writing a patent application as a technical document without considering the legal aspect may be a mistake that can make your application not worth a lot. And all the efforts you took for research and development can go waste.
Hence, a right patent attorney with appropriate experience can remarkably add value to patent application.
If you are still thinking, whether you would be saving few thousand of dollars by writing and filing your patent application on your own (without the help of a patent attorney) our secion would help you decide if you can go for patent drafting and filing on your own (Do it yourself) or do I really need to hire a patent attorney for writing and filing patent application ?
Drafting of patent application is a most important step in the entire life cycle of Patent for the protection of your invention. This is the step where the real skills of a patent attorney come into play as patent drafting is:
- the most time consuming
- most complex
- and skillful task that requires years of experience in technology as well as patent law
Time required to draft a patent application in Australia: it takes about 1 to 2 weeks for a patent attorney to draft an application for an invention. It certainly can take more time based on complexity, length of the detailed description, and availability of patent attorney’s time.
Cost of patent drafting in Australia: The cost of drafting a patent application in Australia varies as it is dependent on multiple factors like field of invention and complexity and the cost can range from AUD 1500 to AUD 2200 or (USD 1000 to USD 1500).
Stage 5: Filing Patent application
When you are done with the review of the patent drafted and satisfied with the scope and technical details in the patent application, you can file the patent application at Australian Patent Office, with appropriate forms with appropriate fees. Publication of patent application occurs after the expiration of an 18-month period following the earliest effective filing date or priority date claimed by an application.
Attorney fees for filing patent application : generally there is no professional fees charged for patent filing patent application (provided fees is paid for patentability search and patent drafting )
There are many things needed to consider before giving an exact fees amount, as it depends on a number of sheets in the patent specification, a number of claims etc. but below are approximate costing for this stage.
- official filing fees for Provisional patent application in Australia is AUD 110
- official filing fees for Standard patent application AUD 370
Stage 6: Patent Examination
After the application is filed, the Australian Patent Office takes the application up for examination (usually in about 12-36 months). In this stage, patent examiners at Australian Patent Office conduct their own search related to your invention (patent application) and issue an office action.
Time required for examination of application: Australian Patent Office takes the application for examination (in about 12-36 months).
Official Patent Examination Fees in Australia is AUD 490
Stage 7: Office action
Office action contains the objections raised about your patent application by the patent examiner, which can range from a variety of objections. You (inventor) has a chance to respond to objection and put your side in front of the examiner, this is something called “response to office actions” in most cases the response is drafted with the help of your patent attorney.
This is a chance for an inventor to communicate his novelty or inventive step over prior arts found in the examination report. The inventor and patent attorney create and send a response to the office action that tries to prove that his invention is indeed patentable and satisfies all patentability criteria.
or optionally modifies the claims accepting objections raised, that is the applicant may amend the patent application as specifically required by the examiner and proceed with the grant of patent.
Professional Fees: The patent agent /attorney fee is from AUD 750 to AUD 1500 or (USD 500 to USD 1000) for response to office action depending upon complexity, subject matter and number of objections.
Stage 8: Grant of Patent / Issue of Patent
The patent is granted to you (inventor) if it is found to be meeting all patentability requirements !!! or it may be rejected if it happens to be not meeting patentability criteria.
If a patent application is found to be in the order of grant a Notice of Allowance and Fee(s) Due will be sent to the applicant, or to the applicant’s patent attorney. a fee for issuing the patent and if applicable, for publishing the patent application publication.
If the examiner determines that your application is in satisfactory condition and meets the requirements, you will receive a Notice of Allowance. The notice of allowance will list the acceptance fee that must be paid prior to the Patent being issued. The patent grant is mailed on the issue date of the patent.
Acceptance Fees : If your application passes examination, we’ll email your online services inbox to let you know. We’ll publish a notice of acceptance in the Australian Journal of Patents (AOJP). Third parties will then have three months from when the notice is published to oppose grant of your application. Once your application has been accepted, you’ll need to pay a standard patent acceptance (mandatory) fee $250 . If the specification contains more than 20 claims, you’ll need to pay an additional fee per claim as well as the baseline specification fee.
Stage 9: Renewal of patent fees
Once the patent is granted, it will be valid for up to 20 years from the date of filing the application. Inventors are required to pay a maintenance fee periodically to maintain the patent in force.
The renewal fee increases each year. For example, AUD 315 in the 5th year, AUD 490 in the 10th year and AUD 2650 in the 19th year.
For details on steps and procedures for getting patent in Australia refer sections in list below
- Step 1: Idea incubation phase (inception of invention)
- Step 2: Patentability search or novelty search (optional step)
- Step 3: Patent drafting / writing
- Step 4: Filing patent application
- Step 5: Publication of patent application
- Step 6: Examination of patent application
- Step 7: Office action- Response to objections
- Step 8: Grant of patent / Notice of Allowance
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.