How Much Does a Patent Cost in Australia?
A patent is a type of intellectual property (IP) that gives you rights over your invention. Unlike other types of IP, a patent is not granted automatically. Therefore, it is essential that you apply to register your patent if you want to enforce your rights over it. There are a number of fees associated with applying for a patent. This article will help you understand what a patent is, the different types of patents you can apply for, and the potential cost to register a patent.
What is a Patent?
A patent is a legally enforceable right that gives your device, process, or other invention protection. Patent protection allows you to have exclusive commercial rights over your invention. These rights include:
- preventing others from using or manufacturing your invention without your consent; and
- allowing you to obtain a license to have your invention manufactured.
Additionally, your invention must be new and innovative to be eligible for a patent. Examples of inventions you can patent include:
- a business model;
- a biological material or invention; or
- an appliance or device.
Standard vs Innovative Patents
In Australia, the two types of patents are the standard patent and the innovation patent. There are different fees associated with each patent, so it is important to understand the differences. The table below highlights some of the key differences between a standard patent and an innovation patent:
|Standard Patent||Innovation Patent|
|Requirements||A standard patent requires that your invention is new, useful, and involves an ‘inventive step’. An inventive step means that the invention must not be obvious to those with knowledge and experience in the field of your invention.||An innovation patent requires that your invention is new, useful, and involves an ‘innovative step’. An innovative step means that the invention must substantially contribute to how a prior invention works. The difference can be obvious.|
|How long does the patent last?||20 years, or 25 years for pharmaceutical inventions||Eight years|
|How long does it take to be granted?||Between several months and several years||Several weeks|
It is also important to note that the Australian Government is currently phasing out the innovation patent. You can file a new innovation patent until 25 August 2021. Existing innovation patents will remain in place until their expiry date.
You can also apply for a provisional application. A provisional patent application is a quick and cheap way to prove your intention to file a patent. You must apply for a patent within 12 months of filing a provisional application.
Cost of Patents in Australia
The cost to apply for a patent will vary depending on the type of application you are making. There are also fees associated with each step of the patent process. The table below explains some of the fees associated with each type of patent (if filed online):
|Fee name||Fee purpose||Standard patent price||Innovation patent|
|Examination request||This fee allows for an examination of your application to ensure it meets the criteria of the patent you are applying for. You must request an examination of your application within five years of filing your application.||$490||$500|
Note that an innovation patent does not need a mandatory examination. However, if you want to enforce your rights, you will have to have your patent examined.
|Application fee||This is the first fee you must pay when applying for a patent. You have two months to pay the filing fee before your application lapses.||$370||$180|
|Voluntary amendments||This fee is payable if you want to make changes to your application before examination or after your application is accepted.||$250||N/A|
|Acceptance fee||Once your patent has been examined and accepted, you must pay this fee for your patent to be granted.||$250||N/A|
|Renewal fees||You must pay renewal fees annually if you want to keep your patent.||The renewal fee increases each year. For example, $315 in the 5th year, $490 in the 10th year and $2650 in the 19th year.||The renewal fee increases each year. For example, $110 from the 2nd to 4th anniversaries and $220 from the 5th to 7th anniversaries.|
Other potential costs include paying for a preliminary search and opinion (PSO), which provides you with a report that ensures the uniqueness of your invention.
Patents are an important way that you can protect your IP. However, obtaining a patent is a long, complex and expensive process. Additionally, there are different types of patents you can apply for, making it essential to understand the cost of each patent and which to apply for. If you require assistance with your patent application or any other trade mark legal assistance, contact our experienced trade mark lawyers on 1300 657 423 or fill out the form on this page.
Frequently Asked Questions
A patent is a type of intellectual property that grants you protection over your invention. It is a legally enforceable right that allows you to prevent others from using or manufacturing your invention without your consent.
Unlike other types of IP (such as trade marks), a patent is not granted automatically. This means it is essential to apply for a patent if you want to enforce your rights over it and protect your invention.
In Australia, there are two types of patents available – a standard patent and an innovation patent. The standard patent and the innovation patent have different requirements, last for different lengths of time, and have different fees.
The costs of applying for your patent vary depending on the type of application you are making. There are also fees associated with each step of the patent process. Associated costs include application fees, renewal fees, acceptance fees, and search fees.