Asia Pacific

Australia

Patent system, trademark registration, annuity management, and renewals in Australia.

Authority

IP Australia

PCT

31 mo

Madrid

Member

AusPat

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Before You Start

Before filing or quoting, you'll typically confirm these first

1
Whether to pursue the Paris route, PCT national phase, or start with trademark registration in Australia
2
Which of patent filing, trademark registration, annuity, or renewal is the most urgent priority
3
Whether to verify the official portal, search system, and key deadlines before moving to a quote or engagement

The sections below cover each module — use the navigation to jump directly to what you need.

Patent System & Process

Patent System in Australia

Australian patents are managed by IP Australia. Standard patents are valid for 20 years from filing; pharmaceutical patents may apply for up to 5 years of extension (extended term). The Innovation Patent system was abolished on August 26, 2021 (no new applications accepted). Australia is a PCT member; national phase entry is due within 31 months of the priority date.

Patent Types (Note: Innovation Patent Abolished) ▾

**Standard Patent:** Valid for 20 years from filing; full substantive examination required; primary protection form in Australia. **Innovation Patent:** Abolished August 26, 2021 (no new applications). Existing innovation patents filed before that date continue until expiry or abandonment. **Extended Term (Pharmaceutical Patents):** Qualified pharmaceutical patents can apply for up to 5 years of extended protection to compensate for regulatory approval delays.

Source: Patents Act 1990 (Cth) — Innovation patents abolition; pharmaceutical extension

PCT National Phase Entry — Australia ▾

- Deadline: 31 months from the priority date - Language: English - Pay national phase fees - Designate IP Australia as receiving office - File a Request for Examination within the required period **Practical note:** When entering the Australian national phase, an existing IPER (International Preliminary Examination Report) from another PCT office can improve examination efficiency.

Source: WIPO PCT Applicant's Guide — AU; Patents Act 1990 (Cth)

Annual Renewal Fees ▾

Australian standard patents require annual renewal fees from year 4, increasing yearly. A 6-month late payment period with surcharge applies; beyond that the patent lapses. Restoration may be available within 12 months of lapsing under specific conditions.

Source: Patents Act 1990 (Cth) §143; IP Australia fee schedule

Examination Process and Timeline ▾

IP Australia examination process: Applicant files examination request → IP Australia conducts search and substantive examination → If issues arise, an Examination Report is issued → Applicant responds → Grant or rejection. Typical timeline: approximately 2–4 years from filing. PPH channels can shorten examination time.

Source: IP Australia examination guide

Novelty Grace Period (12 Months) ▾

Australia's patent law allows a 12-month grace period for disclosures made by the applicant. Disclosures by the applicant within 12 months before filing do not destroy novelty requirements in Australia. However, for absolute novelty jurisdictions (e.g., Europe), file before any disclosure.

Source: Patents Act 1990 (Cth) §24

DAS Support ▾

IP Australia is a WIPO DAS participating office, supporting electronic retrieval of priority documents via DAS.

Source: WIPO DAS; IP Australia DAS procedures

Trademark System & Process

Trademark System in Australia

Australian trademarks are managed by IP Australia under a first-to-file system. Registrations are valid for 10 years from the application date, renewable indefinitely. Australia joined the Madrid Protocol in 2001 and can be designated via Madrid or by direct IP Australia filing. Applications must be in English.

Examination Process ▾

IP Australia examination covers absolute grounds (distinctiveness, etc.). Upon approval, the mark is advertised in the Australian Official Journal of Trade Marks for 2 months. IP Australia does not pro-actively examine relative grounds; these are handled via opposition.

Source: Trade Marks Act 1995 (Cth); IP Australia examination guidelines

Term and Renewal ▾

Registrations are valid for 10 years from the application date. Renewals should be filed within 12 months before expiry; a 6-month post-expiry grace period applies with a surcharge. No proof of use is required for renewal.

Source: Trade Marks Act 1995 (Cth) §75

Non-Use Cancellation ▾

After 3 years from registration, any party may apply to cancel a registration for 3 consecutive years of non-use. Third-party initiation required; the registrant must prove use or provide reasonable excuse for non-use.

Source: Trade Marks Act 1995 (Cth) §92

Madrid System Designation of Australia ▾

Australia (joined 2001) can be designated in Madrid international applications. IP Australia examines under Australian national law; any provisional refusal must be responded to in English within the required period.

Source: WIPO Madrid member — AU

Patent Annuity

Australia Patent Annuities

Australian standard patent annual fees are due from year 4, increasing yearly. A 6-month late payment period with surcharge applies.

Source: IP Australia fee schedule

Annuity Reference → Managed Annuities

Trademark Renewal

Australia Trademark Renewals

Australian trademark renewals are every 10 years. No proof of use required. File within 12 months before expiry; a 6-month post-expiry grace period applies with a surcharge.

Source: Trade Marks Act 1995 (Cth) §75

Renewal Reference → Managed Renewals

FAQ

Common Questions — Australia IP

Has Australia's Innovation Patent been abolished? ▾

Yes. Australia's Innovation Patent system was abolished on August 26, 2021; no new applications are accepted. Existing applications filed before that date may still proceed, and granted innovation patents remain effective until expiry. Only the Standard Patent system remains.

What is the PCT national phase deadline for Australia? ▾

31 months from the priority date (not 30 months). The application must be in English, and a Request for Examination must be filed within the required period.

Does Australia have a patent novelty grace period? ▾

Yes — a 12-month grace period applies to the inventor's own disclosures. This is longer than Japan's 6-month period, but absolute novelty jurisdictions (e.g., Europe) still require filing before any disclosure.

How long does Australian trademark registration take? ▾

Formal examination takes about 1 month; substantive examination about 3–4 months; publication period 2 months. Total timeline without opposition is approximately 7–10 months.

Does Australia require proof of use for trademark renewal? ▾

No. Proof of use is not required for renewal in Australia, but registrations unused for 3 consecutive years (after the protection period begins) are vulnerable to third-party cancellation.

Can Australian pharmaceutical patents be extended? ▾

Yes. Qualifying pharmaceutical patents can apply for up to 5 years of extended term to compensate for patent years lost during TGA (Therapeutic Goods Administration) regulatory approval. Applications must be filed with IP Australia within the required period.

Does Australia have PPH channels? ▾

Yes. IP Australia has PPH agreements with major offices including USPTO, JPO, UKIPO, and others. PPH requests can significantly shorten examination timelines for eligible applications.

How long is an Australian trademark registration valid? ▾

10 years from the application date, renewable indefinitely in 10-year increments.

Can I register a trademark in Australia via the Madrid System? ▾

Yes. Australia joined the Madrid Protocol in 2001 and can be designated in international applications. IP Australia examines under Australian standards; provisional refusals must be responded to in English.

How does design protection work in Australia? ▾

Australian design protection has two stages: (1) Registration (formal examination) — valid for 5 years, extendable to 10 years; (2) Certification (substantive examination) — rights can only be enforced after certification. Certification must be requested before the initial 5-year period expires if enforcement is needed. Design registration is managed by IP Australia along with patents and trademarks.

Official Reference Sources

Sources for This Page

IP Australia Official Website www.ipaustralia.gov.au AusPat Patent Search pericles.ipaustralia.gov.au/ols/auspat/ IP Australia Trade Mark Search search.ipaustralia.gov.au/trademarks/search/quick WIPO PCT Guide — AU www.wipo.int/pct/en/appguide/ WIPO Madrid — AU Member www.wipo.int/madrid/en/members/ IP Australia Fee Schedule www.ipaustralia.gov.au/about-us/fees

Content based on official sources above, last reviewed: 2026-04. In case of discrepancy with the latest official publications, official sources prevail.

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