Australian IP report 2025
Types of applications
Filing routes
The Patent Cooperation Treaty, allowing applicants to file a single ‘international’ patent application instead of several national or regional applications, is the preferred route for non-residents to file in Australia.
In 2024, 70% of standard patent applications in Australia were filed via the PCT route, down from 73% in 2023. The number of PCT applications fell by 7.5%, to 21,219 in total. In contrast, applications filed directly with IP Australia – the route favoured by residents – rose by 7.8% (Figure 2.6).
On average, for applicants who file in Australia through the PCT system, there is an 18-month delay between when they first file a patent application globally and when they file that patent in Australia (it enters Australian ‘national phase’). As such, PCT applications in 2024 may reflect innovation investments made over 2023 or earlier.
Figure 2.6 Standard patent applications in Australia by filing route, 2015 to 2024
Provisional applications
A provisional application is one of several options available to businesses to establish a position in the patent system in Australia and key export markets.
Filing a provisional patent gives applicants 12 months to decide whether to file a complete patent application. Provisional applications are not subject to substantive examination and offer no enforceable protection. However, they establish the priority date that will be used to identify prior art relevant to assessing the complete patent application, should an applicant decide to file one. Obtaining a provisional patent is not prerequisite to filing for a complete patent. A key benefit though is that applicants can disclose, make, use and sell their invention while maintaining the option to seek complete protection.
In 2024, the number of provisional filings totalled 4,344, up 2.4% on their level in 2023. Provisional filings have increased for the second consecutive year, reversing a negative growth trend observed over the preceding decade. Applications from Australian residents increased by 2.7% (to 4,009) while those from non-residents fell by 1.8% (to 335).
The likelihood of applicants converting provisional applications into standard complete applications has increased over past decade. This trend holds both for applicants in general and for key users of the provisional patent system (e.g., CSIRO). It may reflect an increasingly efficient ability of applicants to triage new discoveries for patent protection and hence manage costs in the process.
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