“If I could turn back time… If I could find a way… I’d file a patent today.”
— Cher, if she were a patent attorney
You’ve been working hard on your invention. Now you’re thinking it’s time to protect it. But before you do, you want to know what you’re in for. How long is this actually going to take?
It can take anywhere from 2 years to over 5 years, depending on your strategy, your invention, and the decisions you make along the way. That range is wide, but it isn’t random. Where you land within it is largely within your control, and understanding the stages is the first step to navigating them well.
The good news is that as soon as we file your application, your “patent pending” rights are secured. The process takes time, but your protection starts on day one.
Stage | Typical Duration |
Provisional Application | Immediate filing, 12 months protection |
Standard Patent Application | Filed within 12 months |
Publication | 18 months from earliest priority date |
Request Examination | Anytime within 5 years |
Examination Queue Wait | 6–18+ months |
Examination Process | 3–12 months |
Acceptance & Opposition Period | 3 months |
Grant | Shortly after opposition period ends |
Filing a provisional patent application gives you an immediate filing date and secures your place in line. It’s the starting gun for your patent timeline and, critically, it’s the moment your priority date is established.
A provisional application doesn’t lead to a granted patent by itself; it’s a placeholder. But it gives you 12 months to keep developing your invention, test the market, seek investors, or simply decide whether full patent protection is the right move. During those 12 months, you can legitimately describe your invention as “patent pending.”
Timeframe: Filing confirmation is immediate. The provisional lasts 12 months, after which you must file a complete application or lose your priority date.
Within 12 months of your provisional filing, you need to decide on your path forward.
Standard application (Australia only)
If you only need protection in Australia, you can file a standard patent application directly. This skips the international route and moves you straight into the Australian examination queue. It’s the faster and more cost-effective option if your market is domestic.
PCT application (international protection)
If you want to protect your invention in multiple countries, a Patent Cooperation Treaty (PCT) application is usually the smarter move. Filing a single PCT application gives you up to 30 months from your provisional date before you need to commit to individual national filings, buying you valuable time to assess commercial viability before incurring the costs of multiple country applications.
Approximately 12 months after your PCT filing date, an international search report and written opinion will be issued. This report searches for similar documents and makes a preliminary determination on novelty and inventiveness. While not binding on individual country examiners, it is generally followed, and a favourable report can significantly smooth the path in downstream jurisdictions.
Timeframe: File within 12 months of your provisional. The PCT search report issues at around 12 months from PCT filing.
Once your PCT application expires at 30 months from your earliest priority date, you need to file standard patent applications in each country where you want protection. This is called national phase entry.
This is where the costs of international protection can start to add up. Each country has its own filing fees, translation requirements, and local attorney costs. Planning for national phase entry well before the deadline gives you time to make strategic decisions about which markets are worth protecting in.
For Australia specifically, national phase entry follows the same examination process as a direct standard application.
Timeframe: National phase entry deadline is 30 months from your earliest priority date.
Examination is when IP Australia assesses whether your invention meets the requirements for patentability, including novelty, an inventive step, and manner of manufacture.
You must request examination within 5 years of filing your complete application. The longer you wait to request, the longer the overall process takes. Once requested, your application enters a queue, and wait times vary depending on how busy the examiner group handling your technology area is. In Australia, your complete application is typically examined within 2 to 4 years of filing.
If the examiner raises objections, your attorney responds with arguments or amendments. This back-and-forth can take multiple rounds, which is one of the key variables that determines where in the 2–5+ year range your application lands.
Timeframe: Request within 5 years, but earlier is better. Examination typically takes 2–4 years from filing of the complete application.
Once the examiner is satisfied, your application is accepted and advertised in the Australian Official Journal of Patents. From the date of advertisement, any person has 3 months to file a formal opposition to the grant of your patent.
If no opposition is filed, IP Australia confirms the grant and your patent comes into force. From that point, your patent provides exclusive rights to exploit your invention in Australia for up to 20 years from the date of your complete application filing (or 25 years for pharmaceutical patents, subject to extension).
Annual renewal fees apply throughout the life of the patent to maintain protection.
Timeframe: 3-month opposition window following acceptance. Grant follows if no successful opposition.
We know that speed matters in business. If you need faster results, you have options:
Expedited Examination
Available if you:
Expected timeline: 4–6 months from request.
Patent Prosecution Highway (PPH)
If you have a favourable patent report from another country (e.g., the US or Europe), you may be able to fast-track your Australian application.
Strategic Filing
Early, complete, and accurate filing with well-drafted claims reduces delays.
Respond Quickly
Responding promptly to examiner reports or office actions keeps your timeline moving.
Choose the Right Attorney
An experienced, responsive attorney can navigate delays, avoid pitfalls, and push your application forward.
“Patents always take 5+ years”
False. While some cases do take longer, many standard patents are granted within 2–3 years with the right strategy.
That said, there can be strategic advantages to keeping your rights pending for 5+ years. For example, it is very easy to amend your claims to capture an infringer while your application is pending, however amendments to capture an infringer are much harder once your patent is granted.
“Expedited means automatic approval”
Not true. You’ll still need to meet the legal criteria for patentability.
“All countries process patents at the same speed”
Definitely not. Australia is considered relatively efficient, especially for straightforward applications.
“Attorneys can’t speed things up”
Yes, we can. We achieve this by improving application quality, helping you request examination early, and avoiding unnecessary delays.
We can also help strategically advise you when it may be better to slow things down.
The Australian patent system rewards those who plan ahead. Filing at the right time, choosing the right path, strategically requesting examination, and drafting claims that hold up under scrutiny have a significant impact on both your timeline and the strength of the protection you ultimately receive.
At Kings IP, our patent attorneys work with inventors and businesses at every stage of this process, from the initial provisional filing through to grant and beyond. Whether you’re filing in Australia only or building an international portfolio, an intellectual property attorney can give you a clear picture of your timeline, your options, and the strategy that makes the most sense for your situation.
Get in touch with our team or book a meeting to talk through your patent timeline.
The typical timeline from filing a complete patent application to grant is 2 to 5 years in Australia, depending on the complexity of the invention, how quickly examination is requested, and how many rounds of examination are required. With an expedited examination request, it is possible to receive a granted patent significantly faster.
Requesting expedited examination is the most direct way to accelerate the process. Eligible applicants can have examination completed in as little as four to eight weeks after the request. Filing complete and accurate documentation from the outset also reduces delays caused by examiner objections.
A provisional application establishes your priority date and gives you the right to describe your invention as “patent pending,” but it does not grant patent rights on its own. A complete standard application must be filed within 12 months of the provisional for your priority date to be maintained.
It depends on where you want protection. If Australia is your only market, a direct standard application is simpler and more cost-effective. If you want to keep international options open, a PCT application gives you 30 months from your priority date to decide which countries to pursue, rather than committing to costly national filings upfront. For most technology companies with any international ambition, the PCT route makes sense.
Following acceptance and advertisement in the Official Journal of Patents, any person has 3 months to file a formal opposition. If an opposition is filed, IP Australia manages a hearing process between the parties. If the opposition is unsuccessful, the patent proceeds to grant. Opposition proceedings can add time and cost to the process, but they are not common in most technology areas.
