“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 and now you’re thinking it’s time to protect it with a patent, but you’re unsure how long the process takes or whether it’s worth the effort. Maybe you are reluctant because you’ve heard that getting a granted patent is a long process.
This blog will walk you through the key steps and timelines to secure a granted patent in Australia.
Obtaining a granted patent is a serious achievement. It takes planning and patience. The Kings team will be with you every step of the way.
The short answer: it depends.
The timeline varies depending on the type of patent application you file and how quickly you want (or need) to move.
For example, you may want to delay the process while you continue developing your invention or seek investors. On the other hand, if someone is attempting to copy your idea, you may want to expedite grant of your patent to stop them as soon as possible.
The good news? As soon as we file your application, your “patent pending” rights are secured. You can start commercialising and disclosing your invention without compromising your position.
Before filing, we usually recommend conducting a novelty search to check whether your invention is new (novelty is a requirement for patent protection).
You can start with free tools like:
Keep in mind: the invention must be new everywhere in the world, not just in the markets you want to file your patent.
We offer professional novelty searching services and can typically provide a formal search report within 2 weeks. The search report will outline any potentially conflicting patents and helps us craft a stronger application from the outset.
Once searching is complete and you’re ready to proceed, we’ll ask you to tell us everything about your invention—how it works, what makes it unique, and all the clever details. Don’t worry, we’re bound by attorney-client privilege, so your idea is safe with us.
Your patent attorney will then draft a detailed patent specification. This usually takes about 2 weeks. Once you’re happy with the draft, we’ll file it with the Australian Patent Office.
The general filing pathway we recommend is 1) filing a provisional patent application; 2) filing a PCT (International) patent application; and 3) filing a complete patent application.
The greatest advantage of provisional applications is that they offer flexibility allowing you to continue developing your invention while securing your patent pending rights. They also provide an extra year of exclusive rights.
A PCT application gives you time to decide where you want protection and extends your timeline before committing to specific countries. It also allows you to defer application costs associated with a complete patent application.
If you want to speed the process along, we can start here (skipping the Provisional and/or PCT patent applications).
In Australia, your complete application is typically examined within 2 to 4 years of filing. However, we can request expedited examination and receive an examination report in as little as 2 months.
Once the first examination report is issued, you have 12 months to address any objections and put the application into a condition for acceptance. This may involve arguing that your invention is novel and inventive in light of documents raised by the examiner.
Once the application is accepted, there is a 3 month opposition period during which third parties can challenge your application. If no opposition is filed, or any challenge is overcome, your patent will be granted.
Congratulations.
Once granted, your Australian patent can last up to 20 years, provided renewal fees are paid. During this time, you have the exclusive right to explore the invention in Australia.
We know it’s a lot to consider. That’s why we offer a free consultation to help you map out the best strategy for your invention.
At Kings, we’re also different in how we charge—we generally bill per service, not by the hour. That means you can reach out with your questions or concerns without worrying about an unexpected bill.
Book a meeting today and take the first step toward securing your invention.
