Filing a patent in Australia can feel complex, especially for startups, innovators, and small businesses protecting a new idea for the first time. Understanding the process early can help you avoid costly mistakes and strengthen your intellectual property rights.
Below are five of the most common questions Australian clients ask about patent applications with clear, practical answers.
1. Do I Need a Patent Attorney in Australia?
While it’s legally possible to file a patent application yourself, working with a registered Australian patent attorney significantly improves your chances of success.
A patent attorney helps ensure:
• Accurate and legally enforceable patent drafting
• Correct filing under Australian IP law
• Broader and stronger protection for your invention
Boutique IP firms offer personalised, one-on-one guidance, which is particularly valuable for startups and SMEs with unique commercial goals.
2. How Long Does a Patent Application Take in Australia?
Patent timelines in Australia vary depending on the type and complexity of the invention.
• Standard patent applications typically take 2 to 5 years to be granted
• Factors that affect timing include:
Complexity of the invention
Examination backlog at IP Australia
Prior art searches and examiner objections
A boutique patent firm helps you manage deadlines, respond strategically to objections, and keep the application moving efficiently.
3. How Much Does a Patent Application Cost?
Patent costs in Australia depend on several factors, including:
• The type of patent application (provisional or standard)
• The number and complexity of claims
• Professional attorney fees and official government fees
Working with a boutique firm such as APTS means transparent pricing, clear cost estimates upfront, and guidance to help you budget confidently without unexpected surprises.
4. Can I File a Patent Application Myself?
Yes, self-filing is allowed, but it carries significant risk.
Common mistakes made by self-filers include:
• Incomplete or vague invention descriptions
• Incorrect patent classifications
• Missing strict filing or examination deadlines
Even small errors can weaken your patent or make it unenforceable. A boutique IP firm guides you step-by-step, helping you avoid mistakes that could permanently damage your IP rights.
5. Common Mistakes Startups Make When Using AI Tools Like ChatGPT
Many Australian startups unknowingly put their patent rights at risk by misusing AI tools during the early stages of invention development.
Common mistakes include:
• Using ChatGPT to draft a patent, which places the invention into the public domain and destroys novelty, potentially invalidating the patent
• Relying on ChatGPT for legal advice, which is considered published information and can remove legal privilege and confidentiality
• Inputting confidential or personal information, despite ChatGPT clearly stating that sensitive information should not be shared
Once an invention becomes public, patent protection may no longer be available. Speaking with a patent attorney before using AI tools ensures your idea remains protected and legally secure.
6. How a Boutique Patent Firm Supports Your Application
A boutique patent firm provides tailored support throughout the entire patent journey, including:
• Personalised assessment of your invention’s patentability
• Strategic advice on claim scope and commercial protection
• Guidance through filing, examination, and grant stages
• Support with international patent filings if global protection is required
This hands-on approach helps Australian startups and SMEs maximise the value of their intellectual property while reducing legal risk.
