Protecting your intellectual property is a critical part of doing business. But while obtaining an Australian patent is relatively straightforward, protecting your invention internationally is a different challenge entirely.
Quick answer: Getting a patent granted overseas typically takes between 4 and 7 years from your original filing date. The exact timeline depends on the countries you’re filing in, whether there are objections to your application, and how backlogged each national patent office is. Importantly, your rights are backdated to your original priority date, so filing early matters even if full grant takes years.
There is no such thing as an “international patent”. Rather, individual countries recognise the importance of protecting intellectual property and offer their own patent systems. That means you can obtain patents overseas, but you’ll need to apply for protection in each country individually. Obtaining patents in multiple countries is often time-consuming, costly and complicated. Each country has its own set of regulations, so each patent application needs to be prepared and filed individually.
The good news is that the Patent Cooperation Treaty (PCT) allows inventors to lodge an “international patent application” that is valid in more than 150 countries. This is a cost-effective method of obtaining patents for those who want to protect their IP in many countries.
Because each country assesses applications individually, it can take years for international jurisdictions to complete their examination processes. While this process can take years, your rights do date back to your original filing date (your priority date). For Australian inventors seeking international protection, this period also includes the 12 months of protection offered by an Australian provisional application.
The table below gives a general indication of how long the grant process takes in major jurisdictions, from the date of national phase entry.
Country / Region | Typical Grant Timeline |
United States (USPTO) | 2–3 years |
Europe (EPO) | 3–5 years |
China (CNIPA) | 3–5 years |
United Kingdom (UKIPO) | 2–5 years |
Canada (CIPO) | 3–5 years |
Japan (JPO) | 2–3 years |
Australia (IP Australia) | 2–4 years |
India | 5–7 years |
While there’s no such thing as a single international patent, you can use your Australian patent application to support a PCT application, or to apply directly to overseas patent offices. The most efficient pathway for most inventors follows two steps:
Step 1: Apply for a provisional patent in Australia.
A provisional patent application is an affordable way to establish a priority date for your invention. It gives you up to 12 months to decide whether you want to proceed with full patent applications in Australia and overseas. This date becomes your global priority date, meaning your rights, once granted, are backdated to this point even if the grant itself takes years.
Step 2: File further national and international patents.
Once your provisional application is filed, you have 12 months to file patent applications in each country where protection is being sought. Alternatively, you can make an international patent application through the PCT, giving you up to 30 months from your priority date before you need to commit to individual national applications.
The decision between a PCT application and applying directly to overseas patent offices often comes down to cost and certainty. If you’re only seeking protection in one or two specific countries, it may be more cost-effective to apply directly. If you’re unsure where you want to apply, or if you’re seeking protection across many countries, a PCT application is almost always the more appropriate pathway.
If you’re unsure which route is right for your situation, Kings IP’s international IP protection services cover the full process, from provisional filing and PCT applications through to national phase entry across multiple jurisdictions.
Filing an international patent application through the Patent Cooperation Treaty is the most common and cost-effective way to obtain broad international protection. The PCT process is broken into two distinct phases:
International Phase
During the international phase, your application is received and reviewed by the World Intellectual Property Organisation (WIPO). WIPO performs an International Search Report (ISR) to assess whether your invention is novel and patentable. This search is generally completed within a few months of filing. You’ll also receive a Written Opinion on patentability, which gives you valuable insight into how your application is likely to be received at the national level.
National Phase
At the 30-month mark from your priority date, your PCT application is converted into individual patent applications in each country where you’re seeking protection. From this point, national legislation applies. Each country’s patent office will examine the application independently, and it will often take a further 2 to 5 years for your patent to be granted, depending on the jurisdiction.
In an increasingly globalised world, protecting your ideas internationally has never been more important. The process of obtaining overseas patents isn’t simple, but with the right guidance, it’s more than manageable.
Kings Patent & Trade Mark Attorneys are intellectual property specialists working with individuals and businesses of all sizes across Australia and internationally. Whether you’re at the provisional filing stage or ready to enter the national phase in multiple countries, we can help you navigate the process efficiently.
Contact us for a confidential consultation, or learn more about our international IP protection services.
In some jurisdictions, yes. The USPTO offers a Patent Prosecution Highway (PPH) program that allows applicants to fast-track examination based on a positive search report from another patent office. Japan and several other countries offer similar acceleration programs. Speak with our team about acceleration options in your target countries if speed is a priority.
Your provisional filing date establishes your priority date, which means your rights are backdated to that point. This means that if someone begins infringing your invention during the examination period, you may be able to claim damages from the date your application was published, depending on the jurisdiction.
In most countries, yes, foreign applicants are required to appoint a registered local patent attorney or agent to file and prosecute patent applications. Even in jurisdictions where it isn’t strictly required, navigating international patent law without professional guidance significantly increases the risk of errors, objections, and ultimately losing protection you’ve invested in.
An ISR is a report produced by WIPO during the international phase of a PCT application. It identifies existing patents or publications that may affect the patentability of your invention. Receiving the ISR early gives you the opportunity to assess the strength of your application and make strategic decisions before committing to national phase costs.
