Overview of the legal framework

Australia’s IP legal framework mainly comprises:

• Patents Act (Patents Act 1990)

• Trade Marks Act (Trade Marks Act 1995)

• Designs Act (Designs Act 2003)

• Copyright Act (Copyright Act 1968)

• Plant Breeder’s Rights Act (Plant Breeder’s Rights Act 1994)

The competent authority is IP Australia , which is under the Department of Industry, Science and Resources . Australia is a member of WIPO, the PCT, the Madrid System, the Paris Convention and TRIPS , and has established Patent Prosecution Highway (PPH) cooperation with many offices (including China, the United States, the United Kingdom and the EU).

International cooperation and system alignment

• Australia is a member of WIPO, the PCT and the Madrid System;

• Participates in multiple Patent Prosecution Highway (PPH) programmes;

• Cooperates with IPONZ (New Zealand) on cross-border trade mark examination coordination;

• Provides comprehensive electronic services (eServices) covering filing, renewal and opposition.

Trademark system

Filing routes

• Applications can be filed directly with IP Australia;

• Or designate Australia via the Madrid Protocol.

Classification standard

• Applies the Nice Classification;

• Supports both single-class and multi-class applications.

Examination procedure

• Actual examination times (formal and substantive) vary by case; refer to the figures published by the competent office;

• Opposition period: 2 months from the date of publication.

Use and renewal

• Registration term: 10 years, renewable indefinitely;

• Non-use for a continuous period of 3 years may lead to cancellation.

Examination features

• Examination language: English;

• Applies the “First-to-File” system;

• Examination focuses on distinctiveness and conflicts with earlier rights;

• The system provides options for expedited examination, hearings and opposition procedures;

• The online service platform is Australian Trade Mark Online Search System (ATMOSS).

Patent system

Types of protection and term

• Invention patents (Standard Patent): 20 years from the filing date;

• Innovation patents (Innovation Patent): 8 years (system abolished in 2021 but still applicable to transitional applications).

Examination system

• Substantive examination system;

• A request for examination must be filed within 5 years from the filing date;

• Examination times vary by case; refer to the figures published by the competent office;

• Publication: 18 months from the filing date.

International routes

• Australia is a PCT contracting state; national phase entry is available via the PCT;

• Cooperates on PPH fast-track examination with multiple offices (China, Japan, the United States, Korea and the EU).

System features

• Applies the first-to-file system;

• Supports divisional applications and deferred examination;

• Annual renewal fees are required after grant;

• Foreign applicants must appoint a local registered patent attorney;

• The official language is English.

Design protection

Legal basis

• Designs Act (Designs Act 2003).

Scope of protection

• The shape, configuration, pattern, ornamentation and visual features of a product’s appearance;

• Includes industrial and consumer product designs.

Term of protection

• Initial term of 5 years, renewable once up to a maximum of 10 years.

Examination procedure

• Actual examination times (formal and substantive) vary by case; refer to the figures published by the competent office;

• Substantive examination must be requested separately (it is not automatic);

• Examination language: English.

System features

• A single registration covers the whole of Australia;

• Examination focuses on novelty and originality;

• Multiple designs can be combined in a single application;

• Australia is currently not a contracting party to the Hague Agreement (WIPO Lex, as of September 2026); designs must be filed nationally with IP Australia;

• Prior designs can be searched via Australian Design Search.