- Blog
- June 5, 2026
Let’s address the elephant in the room. Patents have a reputation for being expensive. And honestly, they’re not cheap. But when people say “I can’t afford a patent,” what they often mean is “I don’t know what a patent actually costs, and the uncertainty is putting me off.”
That’s fair. Uncertainty is uncomfortable, especially when you’re investing in something you’ve never done before. So here’s our attempt to give you the clearest, most honest picture we can of what patenting an invention in Australia actually costs in 2026.
A caveat before we start: every patent is different. The cost depends on the complexity of your invention, how smoothly the examination process goes, and the scope of protection you’re seeking. What follows are realistic ranges based on our experience, not guarantees. But they’re a lot more useful than “contact us for a quote.”
The Government Fees (What You Pay IP Australia)
IP Australia’s fees are the baseline. They’re the same regardless of which attorney you use — or whether you use one at all. As of 2026:
Stage | Government Fee | Notes |
Provisional patent application | $100 | Establishes your priority date. Lasts 12 months. |
International-type search (optional) | $1,100 | Preliminary indication of patentability. Recommended but optional. |
Standard patent application | $400 | The ‘real’ application. Must be filed within 12 months of the provisional. |
Request for examination | $550 | Triggers formal assessment by an IP Australia examiner. |
Acceptance fee | $250 | Payable when your application is accepted. |
Annual renewal fees (from year 4) | $300–$1,550+ | Escalate annually. Payable for the life of the patent (up to 20 years). |
So the government fees alone, from provisional filing through to grant, add up to roughly $1,400 to $2,500 — not counting renewals. That’s before any professional help.
Which brings us to the bigger number.
The Patent Attorney Fees (What Professional Help Costs)
This is where the bulk of the cost sits, and where the value is created. A patent attorney doesn’t just fill out forms. They draft the patent specification — the technical and legal document that defines exactly what your patent covers. The quality of this document is, quite literally, the difference between a patent that protects your invention and one that’s easy for competitors to design around.
Here’s what the key stages typically cost in professional fees:
Provisional patent application: $3,000–$7,000 + GST.
The provisional is your “flag in the ground.” It secures your priority date and lets you say “patent pending.” The cost depends largely on how complex your invention is. A straightforward mechanical device might sit at the lower end. A software-driven system with multiple inventive aspects will be higher.
Standard (complete) patent application: $3,000–$8,000 + GST.
This is the formal application that follows the provisional. If the provisional specification was thorough, the complete application can be an evolution rather than a rewrite, which keeps costs down. If the invention has changed significantly in the intervening 12 months, there’s more work involved.
Examination and prosecution: $2,000–$10,000 + GST.
Once you request examination, an IP Australia examiner reviews your application and may raise objections. Responding to these objections requires expertise and time. Some applications sail through with minimal objections. Others involve multiple rounds of argument and amendment. This is the hardest stage to predict cost-wise.
The Total Picture: What Does It Really Cost?
Adding it all together:
Scenario | Estimated Total Cost | Timeframe |
Australian patent only (provisional through to grant) | $10,000–$25,000 + GST | 3–5 years |
Australian patent + international (multiple countries) | $50,000–$150,000+ + GST | 4–6+ years |
Lifetime cost including renewals (20 years, AU only) | $30,000–$50,000+ + GST | 20 years |
Yes, these are significant numbers. But here’s what we tell clients who baulk at the figures: the cost doesn’t arrive as a single invoice. It’s spread over years, and the early stages (provisional application) are comparatively affordable. You can “test the waters” for $3,000–$7,000 and defer the bigger commitments until you’ve had time to assess commercial viability.
This staged approach is one of the most useful things about the patent system. You don’t have to bet the farm upfront.
Is It Worth It? A Commercially Honest Answer
We’re patent attorneys, so you’d expect us to say yes. But we wouldn’t be serving you well if we said that without qualification.
A patent is worth it if the commercial value of excluding competitors from your invention exceeds the cost of obtaining and maintaining the patent. That’s the test. And it’s a test that some inventions pass easily and others don’t.
We’ve had clients sit down with us, walk through the numbers, and conclude that a patent doesn’t make commercial sense for their particular situation right now. That’s a perfectly good outcome. We’d rather a client make an informed decision not to patent than spend money on protection they don’t need.
On the other hand, we’ve seen patents that paid for themselves many times over — through deterring competitors, attracting investors, enabling licensing deals, or increasing the sale price of a business. For SMEs in particular, the data is compelling: businesses that hold IP rights are statistically more likely to experience high employment growth.
The question isn’t really “can I afford a patent?” It’s “can I afford not to have one?” And answering that requires understanding your specific situation — your invention, your market, your competitors, and your commercial goals.
How to Keep Patent Costs Under Control
A few practical tips from years of doing this:
- Start with a conversation, not a commitment. Our initial consultation is cost-free and obligation-free. We’ll give you a realistic view of costs and prospects before you spend a dollar.
- Consider a patent search early. A search costs a fraction of a full application and can tell you whether there’s existing prior art that would undermine your application. Better to find out early.
- Get the provisional right. A well-drafted provisional specification can reduce costs downstream because the complete application builds on it rather than starting from scratch.
- Be realistic about scope. Filing in every country in the world is rarely necessary or cost-effective. Focus on the markets where you’ll actually commercialise the invention.
- Choose your attorney wisely. The cheapest quote isn’t always the best value. A poorly drafted specification can cost far more in the long run than a properly drafted one.
Frequently Asked Questions
Can I patent something without an attorney to save money?
You can file directly with IP Australia, and the government fees are the same either way. But a patent specification is a highly technical legal document, and errors or omissions in the drafting can permanently limit (or destroy) your protection. Most experienced inventors and businesses use a patent attorney for good reason.
How much does a provisional patent application cost?
The IP Australia filing fee is $100. With professional drafting by a patent attorney, the total cost is typically $3,000–$7,000 + GST, depending on the complexity of the invention.
What’s the cheapest way to start the patent process?
A provisional patent application is the most cost-effective entry point. It secures your priority date for 12 months and lets you defer the larger costs until you’ve had time to assess commercial viability.
Do patent costs differ depending on the type of invention?
Yes. Simpler inventions (e.g., a straightforward mechanical device) typically cost less to draft and prosecute than complex ones (e.g., a software system with multiple inventive steps, or a pharmaceutical formulation). We provide cost estimates tailored to each client’s specific invention.
What happens if I can’t afford to continue after the provisional stage?
You can simply let the provisional application lapse after 12 months. You’re not locked in. This is one of the great advantages of the provisional system — it gives you time to assess the commercial opportunity before committing to the larger investment.