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A Specification for the invention is drafted and a corresponding Patent Application is filed by a Patent Attorney. This costs about $4000+. Typically, a placeholder application called a Provisional Application is filed first, then a Complete Application is filed within 12 months.

It is important to note that the Specification is publicly published after about 6 months from the Complete Application.

Within about 3 years the Specification is Examined by an Examiner from IP Australia to check if the invention is new and was not too obvious to invent. Often there are issues to overcome because of other inventions that are already known. This costs about $2000 to $3000, depending on complexity, and can take a maximum of 12 months. If the Application is eventually Accepted and not Opposed by another party, the Patent is Granted.

Annual renewal Fees need to be paid to the Government to maintain the Patent. The Government fees begin at the 4th year from when the Application is filed. The Government fees start at $300 and increase annually to $2650 for year 20. The fees can change and we also charge a handling and monitoring fee to ensure the fees are paid on time.

Patents Granted in other countries or jurisdictions increase the costs by at least about $6000 per country/jurisdiction, plus the Renewal Fees for each country/jurisdiction. Patents in other countries/jurisdictions normally originate from an initial Australian Application.

The Patent Specification is Examined in each country/jurisdiction according to local laws.

Entry into other countries/jurisdictions can be delayed by 18 months for about $6000 by taking an indirect International Route handled by a United Nations agency called WIPO.

A free, quick “knock out” search and advice is conducted to check if an identical or similar Trade Mark is already registered. Alternatively, a more extensive search and advice is also available.

Once the Trade Mark and the goods and services for which it will be used are identified, an application is filed with IP Australia.

We provide free Trade Mark application services exclusive of Government fees of $250 per class of goods and services. If you have very specific goods and services, then this will increase the cost to $400 per class.

The Trade Mark application undergoes a formalities check and then is queued for Examination which typically occurs 6 months from the filing date of the application.

Following the Examination the Trade Mark is either accepted, or an adverse Examination Report is issued. All of the objections in the Report must be overcome for the Trade Mark to be accepted. This typically costs about $1000 to $3000.

Once he Trade Mark is accepted other parties can Oppose the registration of the Trade Mark for a period of 2 months. Oppositions are relatively uncommon.

Registration fees must be paid to IP Australia every 10 years to keep the Trade Mark registered.

Trade Marks applications in other countries can filed directly into those countries. If the applications are filed within 6 months of the Australian application, the priority date of the Australian application can be kept.

We typically do not recommend using the international Trade Mark system called the Madrid Protocol. Using the Madrid Protocol is cheaper and arguably more convenient, but the risk is that if someone successfully attacks your Australian Trade Mark within 5 years this will impact all of the other countries too.

A Registered Design needs to be represented in a specific way to be accepted by IP Australia.

We provide free Registered Design application services exclusive of Government fees of $250 per single application.

Your application will undergo a formalities assessment by IP Australia and you will have 2 months to resolve any issues raised. If there are issues, it could typically cost about $300 to $750 resolve them, depending on complexity.

You must request registration of the Design within 6 months of the filing date or IP Australia will do this for you so that it can become registered.

To enforce your Registered Design, you must get it Certified by IP Australia. This optional and can be done at any time while the Design is Registered. Certification involves an Examination of the Design to check if it is new and distinctive compared to prior designs. The Examination Report takes about 3 months. All the issues raised in the Examination Report must be overcome within 6 months for the Design to be Certified. Examination costs $720 including Government fees. Responding to the Examination Report can cost about $1000 to $3000, depending on the complexity of the Report.

The Design Registration lasts for 5 years and can be renewed for another 5 years only. Renewal costs $800 including government fees.

You can file an application to register a Design in many countries/jurisdictions based on your Australian Application. You have 6 months to do so from the date of filing in Australia. This can cost about $2000 to $4000 depending on the country.

There is no “international” Design registration.