Apply for a patent
Before you apply to patent your invention you will need to understand what's involved in the application process.
- Before you apply - before applying for a patent, you should make sure you meet the eligibility requirements.
- Provision application (what to include) - information about what to include as part of your provisional patent application.
- Standard and innovation applications (what to include) - information about what to include as part of your standard or innovation patent application.
- Search for a patent - search the patent database AusPat
- Request for examination - information about requesting for examination once you've applied for your patent.
Once you have chosen an appropriate patent, you must submit your application, and go through an examination process before your patent is enforceable. You can file your completed application with the correct fees in several ways.
Applying Online
The online application facility provides you with an easy-to-use and secure system for the electronic filing and management of a range of applications and documents relating to patents.
You can currently apply for the following patents online:
International patents online
You can apply for an international patent online using the International (PCT) Application form (this form cannot be used to enter the national phase). This service is seperate to eServices and requires a different log in.
This facility allows customers to submit international patent applications under the Patent Cooperation Treaty (PCT) generated by the World Intellectual Property Organization's (WIPO) PCT-SAFE software package.
Before applying for a PCT online you should take time to understand the steps to applying for an international patent online.
Please note that in order to use the new PCT online service you will need to obtain the latest version of WIPO's PCT-SAFE software and a digital certificate, which are available free of charge from the WIPO website.
How to file a specification
The Best Practice Guide for Filing a specification [ 717KB ] should be followed to ensure that your specification complies with the requirements of Schedule 3 of the Australian Patent Regulations, requirements under the Patent Cooperation Treaty (PCT) and recommendations provided by WIPO standard ST.22.
Last Updated: 13/12/2012
