Wait times to patent examination and how to influence them

In Australia, the time between requesting examination of a patent application and receipt of an Examination Report (ER) can take longer than the 12-month period targeted by IP Australia, particularly in view of the record number of standard patent applications filed in 2021 and 2022.¹

While applicants aren't always in a rush to have their patent applications examined and granted, examination delays can be problematic, for example where patent grant is required to assist in securing funding for further development or where potential infringers are on the market or gearing up to enter the market.

IP Australia provides current timeframes for examination for each subject area as follows:²