- Apply for a patent
- Apply for an industrial design (equivalent to a U.S. design patent)
- Apply for a trademark
Australia is a member of the Paris Convention, and a Contracting State of the Patent Cooperation Treaty (PCT) and the Madrid Protocol. In addition, its national IP office, IP Australia, participates in various worksharing and other cooperative programs with the USPTO. Below you will find helpful resources with information about Australia’s participation in these treaties and programs.
Treaties that help facilitate IP filings
Paris Convention (possibility of securing “priority” for overseas IP filings)
Under certain conditions and on fulfilling certain requirements, an application for patent, trademark, or industrial design filed in Australia may be entitled to the benefit of the filing date of a prior application filed in the United States. A claim for benefit of a trademark or industrial design application must be made within six months of the U.S. filing date. A claim for benefit of a patent application must be made within 12 months of the U.S. filing date.
Patent Cooperation Treaty (international patent applications)
Australia, like other Contracting States, has particular requirements for obtaining a patent in its territory through the PCT. For example, IP Australia requires an address for service in Australia but does not require representation by an agent. For more information, see the World Intellectual Property Organization (WIPO) National Phase PCT Applicant's Guide for Australia.
Madrid Protocol (international trademark applications)
A trademark owner may be able to use its USPTO trademark application or registration as the basis for obtaining trademark protection in Australia through the Madrid protocol. Visit WIPO to file an international application. For more information, see the USPTO's Madrid Protocol webpage.
Worksharing and other cooperative arrangements
Patent Prosecution Highway (PPH) (accelerated prosecution)
The USPTO participates with IP Australia in the Global PPH. Global PPH simplifies the PPH process by using a single set of qualifying requirements to improve the existing PPH network. To request accelerated prosecution of an Australian patent application based on an allowable claim at the USPTO or another IP office, visit IP Australia's Request for Global Patent Prosecution Highway webpage. For detailed information on IP Australia’s PPH requirements, see the PPH Agreement (USPTO and IP Australia).
Priority Document Exchange (electronic transmission of certain filing documents)
The USPTO and IP Australia participate in WIPO Digital Access Service (DAS). For more information about IP Australia’s participation in DAS, visit IP Australia's DAS webpage or WIPO's notifications regarding IP Australia and DAS.
Global Dossier (display of information about patent applications in multiple countries)
IP Australia participates in WIPO Centralized Access to Search and Examination (CASE). Because of this, Australian patent application search and examination documents can be viewed through Global Dossier. For more information, visit the USPTO's Global Dossier webpage.
Learn more
Use the below interactive map to learn more about IP protection in the highlighted countries/regions.
