How much does a patent cost?

Securing an Australian patent often costs about $17,000 + GST over about four or five years. International patent strategies often cost about $100,000 + GST over the first four years, e.g. if you aim to patent in several individual countries plus Europe as a region.

Costs vary depending on the complexity of your invention, the objections raised by patent examiners and how you choose to respond. We prefer to start with a detailed discussion (without charge) so that we can provide a written quote before we get to work.

Australian patent costs

How much does a provisional patent application cost?

An Australian provisional patent application often costs about $6,000 + GST and is often an advisable first step towards patenting in Australia and/or internationally.

How much does it cost to get an Australian patent?

Getting an Australian patent often costs about $17,000 + GST over about four or five years. This figure includes the provisional and non-provisional patent applications and patent examination.

How much does an Australian patent cost overall?

An Australian patent often costs about $38,000 + GST spread over its 20/21-year life. This figure includes getting the patent and paying the annual renewal fees after you get the patent.

Australian patent costs step by step:

The following graph and steps are indicative.

 

 

Step 1 – An Australian provisional patent application often costs about $6,000 + GST and is often an advisable first step.

Step 2 – An Australian non-provisional patent application must be filed within 12 months of the provisional filing and often costs about $3,000 + GST.

Step 3 – The examination phase usually commences about two to three years after the non-provisional filing and may well cost in the range of $2,500 + GST to $10,000 + GST.

Step 4 – Annual renewal fees commence on the fourth anniversary of the non-provisional filing and rise from about $600 to about $3,100 per year + GST.

No hidden costs

These figures are total costs and include our patent attorney costs and the Australian Patent Office fees.

The $3,000 + GST figure for step 2 includes an allowance for formal drawings.

The $2,500 + GST to $10,000 + GST for step 3 includes allowances for requesting examination and processing acceptance and grant. These costs are usually spread over a period of about 18 months. The cost depends on the objections raised by patent examiners and how you choose to respond. Higher costs are possible if you are faced with significant objections and choose to argue the point.

International patent costs

Patenting internationally often costs about $100,000 + GST over the first four years, e.g. if you aim to patent in several individual countries plus Europe as a region. If you maintain all of these the patent rights, the total cost over the entire 20/21-year process may well be in the vicinity of $350,000 + GST.

The following graph and steps are indicative for a recommend approach to pursuing patent protection in Australia, New Zealand, the United States, Canada, Japan, China, India and Europe.

Step A (optional) – A basic search to obtain a preliminary indication of patentability at a cost in the range of $3,000 to $4,000 + GST is an advisable first step.

Step B – An Australian provisional patent application often costs about $6,000 + GST and is usually the next step if the search results are favourable.

Step C (optional) – An Australian Patent Office search at a cost of about $4,000 + GST about seven months after filing the provisional patent application is advisable.

Step D – An international patent application (aka PCT application) must be filed within 12 months of the provisional filing and often costs about $9,000 + GST.

Step E (optional) – Processing (and if need be, responding to) Patent Office search results and feedback that issue about two months after the international patent application may well cost $500 to $10,000 + GST.

Step F – ‘National phase entry’ is a significant step that follows two and a half years after the provisional patent application. It entails selecting and paying for the individual jurisdictions (usually countries) of interest at costs ranging from $2,350 + GST for New Zealand to about $11,000 + GST for Europe as a region.

Ongoing costs – Each individual ‘national phase application’ will then follow its own timeline and costs in connection with examination and renewals, etc. The average per-country cost may well be similar to the Australian costs outlined above. On the one hand, some countries are more expensive than Australia. On the other hand, there are efficiencies associated with pursuing related patent applications in parallel.

Once a European (regional) patent has been granted, it must be validated in the countries of interest, and thereafter separate annual renewal fees are payable. Validation as a ‘unitary patent’ covering 17 countries and about 66% of the European population may well cost about $2,200 + GST. Validation in every possible country may well cost about $90,000 + GST.

No hidden costs

These figures are total costs and include our patent attorney costs, foreign attorney fees and Patent Office fees.

The $9,000 + GST figure for step D includes an allowance for formal drawings.

Steps A, C and E are optional but recommended if you are aiming for patent protection in several or more countries. These steps usually lead to better patent coverage and/or lower overall costs.

The $3,000 to $4,000 + GST and about $4,000 + GST figures for steps A and C include allowances for our analysis of the search results and advice.

The $500 to $10,000 + GST for step E depends on the objections raised by patent examiners and how you choose to respond. Higher costs are possible if you are faced with significant objections and choose to argue the point.

You can stop anytime

To stop the process, simply let us know. We will charge for work already completed but there will be no further costs.

No surprises

Patent costs depend on unknowable factors, e.g. some patent applications sail through examination whereas others face multiple objections. Nonetheless, with well over 100 years of experience between us, we are very good at foreshadowing costs.

We work on the basis that no invoice should come as a surprise. At each step of the way, we foreshadow the expected cost and timing of the next step, and if at any stage it appears that additional work might be called for, we seek your instructions before proceeding with that work.

Cost v benefit

Patent costs are only one part of the value equation. The benefit of the patent is another key part and good attorney work makes all the difference. Responsive service, clear communication and pragmatic advice are important too.

We are proud of the work we do and invite you to click through to our home page to read what our clients have to say about us and to see examples of our work, or contact us for a free-of-charge discussion.