How to Patent an Idea in Australia: Step-by-Step Guide

For innovators trying to understand how to patent an idea in Australia, Baxter IP patent attorneys are ready to assist. With decades of experience patenting inventions in Australia and overseas, we will listen closely to understand your invention and business plans in order to guide you through the patent process.

Patenting a new idea in Australia or internationally is a relatively straightforward process when working with an Australian patent attorney. The patent process is not one to be embarked on without the advice of a patent attorney as your patent application needs to establish a watertight foundation for the IP rights you are seeking.

5 Common Questions Prior to Filing a Patent Application

1. Do I need to file a patent application?

A patent application allows you to license or sell your new idea

Without a patent application, you cannot (normally) sell or licence your new idea as there is no reason why a third party would not just copy it without paying you any fee.

A patent normally allows your business to operate at a higher profit margin

In most businesses, profits are very much tied to the margin created between the sale price of its products and the expenses associated with supplying them. A small difference in price point can lead to a large difference in profit margin. That is, if the cost to supply a product is $10 and it is sold for $11, there is a 10% profit margin, but if it were to be sold at $12, there is a 20% profit margin which equates to a 100% increase in profit.

If a patent is granted on your new idea, you will be able to stop a third party copying it. Where you are able to stop a third party copying your new idea, you will have a monopoly over the sale of the new idea and can therefore dictate the sale price. This is why products that are patented generally sell at much higher profit margins than products that are not patented.

2. How do I make money out of my patent application?

Filing a patent application does not automatically result in any income. Businesses create income. The question therefore becomes, how can your business take advantage of (i.e. commercialise) your patent application once filed?

Patent applications are normally commercialised by:

• Sale of the patent application and associated know-how to a company for a once-off payment
• Licensing the patent application for a defined royalty stream (e.g. a passive income stream as products are sold)
• A combination of the above
• Manufacturing and selling your new product
• Having someone else manufacture your new product and then start selling it

3. Can my new idea be patented?

There are 3 basic tests a patent application needs to meet in order to be successfully granted:

1. It must be new
2. It must not be obvious; and
3. It must be patentable subject matter

To get an idea of the answer to A & B, your patent attorney will normally request IP Australia to perform a patent search based on your provisional patent application. This patent search is called an International-Type Search and in our experience, is by far the best value-for-money patent search you can get done at an early stage in the patent process.

To answer question C, in Australia, there is very little that is excluded so far as what can be patented. For example, software patents and methods of medical treatment can generally be patented. All you need to do is provide your patent attorney with a clear and concise brief and they can advise you as to whether your idea is patentable subject matter in Australia.

You may be wondering, how you can trust your patent attorney with your idea? Australian Patent Attorneys have a legislated obligation under the Australian Patents Act 1990 (Federal Law Act) to maintain confidentiality of your idea.

Why Baxter IP Patent Attorneys?

During this consultation, we are normally able to advise whether your new idea includes patentable subject matter.

Contact one of our experienced patent attorneys to find out more about whether your new idea includes patentable subject matter.

4. What type of Australian patent application should I file?

Whilst there are numerous types of patent applications that can be filed, the majority of new entrepreneurs start with a provisional patent application and then file a PCT International patent application. For completeness, there are 3 main types of patent application that can be filed in Australia:

1. Australian Provisional Patent Application (lasts 1 year, affordable, provides opportunity for further invention developments to be included later)
2. PCT International Patent Application (lasts 1.5 – 2.5 years, covers about 50 countries, most attractive to investors)
3. Australian Standard Patent Application (lasts 20 years)

Why Baxter IP Patent Attorneys?

• We will assess your new idea at our first meeting and provide you with a complimentary IP consultation, without cost or obligation
• Our patent attorney team is highly experienced, your work will not be handled by juniors
• Many in our team of patent attorneys have industry experience having worked in-house at well known research and development companies, CSIRO and at IP Australia.

We specialise in International patent protection:

• We prepare provisional patent applications thoroughly to an international standard based on our experience in drafting in both a US & European style
• We brainstorm to attempt to anticipate loopholes and then seal them up resulting in stronger and more defensible patents

5. How much does a patent application cost?

Baxter IP provides fixed-fee or capped-fee quotations for preparing and filing patent applications, so you know the cost of each step before any work begins.

The amount quoted will depend on your technology, its complexity, the level of detail required and your timeframe – which is why we scope every quotation to the specific invention rather than publishing one-size-fits-all prices. Official government fees are published on IP Australia's timeframes and fees page.

Contact one of our experienced patent attorneys to find out more about how you can protect your idea and for a quote.

What Does It Cost to Patent an Idea in Australia?

The overall cost of patenting has several components, and it helps to understand each one when budgeting:

1. Attorney professional fees– the largest component, covering the drafting of the specification and claims, filing, and responding to examination reports. Drafting quality is what ultimately determines how broad and defensible your protection is.
2. IP Australia official fees– government charges for filing, requesting examination, acceptance and grant. Current official charges are published on IP Australia's patent timeframes and fees page.
3. Renewal (maintenance) fees– periodic official fees payable to keep a granted patent, or a pending application, alive over its term.
4. International costs– if you pursue protection overseas, PCT official fees and, later, per-country national phase costs including any translations.

Costs are also spread over time rather than paid up front – the provisional, PCT and national phase stages each fall roughly a year or more apart, which lets you test the market before committing further. For a fuller breakdown, see our dedicated guide to how much it costs to patent an idea.

How to Patent a Product in Australia

Patenting a product follows the same process as patenting an idea, but there are some product-specific considerations. You do not need a working prototype to file – the patent specification must describe the invention in enough detail for a skilled person to make it, and detailed drawings will usually satisfy this. That said, prototyping often surfaces improvements, and refinements made during the 12-month provisional period can be added to the complete application.

Also consider which right actually protects what matters about your product. A patent protects how a product works or is made; a registered design protects how it looks. Many successful products are covered by both. Finally, keep your product confidential until a patent application is filed – while Australia has limited grace period provisions for prior disclosures, relying on them is risky and can compromise your position in some overseas countries.

How Long Does the Patent Process Take?

An indicative timeline for the common provisional-first route looks like this:

1. Months 0–12: provisional patent application on file, holding your priority date for 12 months while you develop and test the market.
2. By 12 months: file a PCT international patent application or a complete Australian application.
3. Around 18 months: publication of the application.
4. Generally 30–31 months: national phase entry in your chosen countries (PCT route).
5. Thereafter: examination of your patent application, acceptance and grant. Overall, it commonly takes several years from first filing to a granted standard patent, although examination can often be accelerated where there is a commercial need.

Provisional vs Standard Patent Application: Which Do You Need?

A provisional patent applicationis the usual first step. It establishes and holds a priority date for 12 months at a comparatively modest cost, and lets you describe your invention while retaining the flexibility to add improvements before the complete application is filed. A provisional application does not itself become a granted patent – it is a placeholder that must be followed up within 12 months.

A standard (complete) application is what proceeds to examination and, if successful, grant – giving protection of up to 20 years from filing, subject to renewal fees. Which route suits you depends on how settled the invention is, your budget timing and your international plans; your patent attorney will recommend a filing strategy at the outset.

The Australian Patent Process: Stage by Stage

In summary, the typical stages are: pre-filing searching, provisional filing, an optional international-type search, the complete or PCT filing at 12 months, publication, examination, acceptance and grant, followed by renewals over the life of the patent. Each stage has its own decision points and deadlines – our patent process stages page walks through them in order.

International Patent Protection: Expanding Beyond Australia

Patents are territorial, so an Australian patent only gives rights in Australia. If overseas markets, manufacturing or investors are part of your plan, the PCT route preserves your options in more than 150 countries from a single application, with the country-by-country decisions deferred to national phase entry at around 30–31 months from your priority date. See our PCT international patent application page for how this works in practice.

The International Patent Process

For more information about this process, please click on the relevant step:

Frequently Asked Questions

Do I need a patent attorney to file a patent application?

You are permitted to prepare and file your own application, but the value of a patent lies almost entirely in how the specification and claims are drafted – a poorly drafted application can be impossible to fix later. Working with registered Australian patent attorneys gives your application a properly constructed foundation and a filing strategy matched to your commercial goals.

How much does it cost to patent an idea in Australia?

It depends on the technology, its complexity and how far internationally you take protection. The main components are attorney professional fees, IP Australia official fees and, over time, renewal fees – see the cost section above and our patent costs guide. Baxter IP quotes on a fixed-fee or capped-fee basis so you know the position before each stage.

How long does a patent last?

A standard Australian patent lasts up to 20 years from its filing date, subject to payment of renewal fees. Certain pharmaceutical patents may be eligible for an extension of term.

Can I patent an idea, or only a product?

You cannot patent an abstract idea on its own, but you do not need a finished product either. Once your idea is developed to the point where it can be described as a specific, workable method, device, system or process, it can be the subject of a patent application – and a provisional patent application is usually the right way to secure a priority date while development continues.