The total time from initial filing to a granted patent in major jurisdictions is typically three to five years. However, this varies depending on the countries pursued, the nature of the invention, and the complexity of examination. Understanding each stage of the timeline allows you to plan strategically and make informed decisions as your commercial situation evolves.
Stage 1: Provisional patent application (12 months)
The process typically begins with a provisional patent application, which establishes an international priority date and provides immediate "patent pending" status. This initial period lasts 12 months.
During this time, the invention is not published and remains confidential. This is the window to begin commercialising the invention — testing the market, approaching investors, refining the product, and assessing whether the commercial case supports continued patent investment. Any technical improvements made during this period can be captured in subsequent filings.
A provisional application gives you 12 months of patent pending status to test commercial viability before committing to the next stage.
If by the end of 12 months the invention does not appear commercially viable, the provisional application can simply be allowed to lapse. It will never be published, meaning your idea remains confidential.
Stage 2: PCT international application (additional 18 months)
If commercial progress is promising, the next step is typically filing a PCT (Patent Cooperation Treaty) application before the provisional period expires. The PCT application extends your international patent pending period by an additional 18 months — bringing the total to 30 months from your original filing date.
During the PCT phase, a centralised international search and examination is conducted. The search authority issues a written opinion on the novelty and inventive step of your claims, which provides valuable guidance for the national phase filings that follow. If the opinion raises objections, there is an option to request international preliminary examination to address these before entering the national phase.
The PCT phase is strategically important because it allows you to defer the significant costs of country-by-country filings while maintaining broad international protection.
Stage 3: National phase entry (month 30–31)
At the end of the PCT period — typically 30 or 31 months from the original priority date — you must enter the national phase in each country where you want patent protection. This is the point at which you select specific jurisdictions based on your commercial strategy.
Each national application then proceeds through its own examination process independently. The timeline from national phase entry to grant varies considerably by jurisdiction.
How long does examination take in different countries?
Once a national phase application is filed and examination is requested, the time to receive a first examination report varies by jurisdiction:
- Australia: Typically 12 to 18 months from requesting examination. IP Australia aims to issue expedited examination reports within 8 weeks where expedition is granted.
- United States: Generally 12 to 18 months for a first office action, though this can vary depending on the technology area and the USPTO's backlog.
- Europe: The European Patent Office (EPO) often takes two to three years or more for substantive examination, though this can be faster for some technology areas.
- China: Typically 18 months to three years, depending on the field of technology and examination workload.
- Japan: Usually 12 to 18 months from requesting examination, with expedited examination available in certain circumstances.
After the first examination report, there is typically a period of correspondence with the examiner — responding to objections, amending claims, and providing arguments — before the patent is ultimately granted or refused. This prosecution phase can add an additional 6 to 24 months depending on the complexity of the case and the jurisdiction.
Deferring examination strategically
In many countries, examination must be separately requested and can often be deferred. This is a strategic tool that allows you to keep a patent application pending while observing market developments, competitor activity, and investment opportunities.
Keeping a patent application pending for as long as commercially appropriate defers costs and preserves flexibility to adapt claims to evolving market conditions.
We often recommend keeping a patent application pending for as long as is commercially sensible. A pending application retains "patent pending" status, defers examination costs, and preserves the ability to amend the claims in response to how the market develops. This can be particularly valuable when the commercial direction of the invention is still evolving.
Expedited examination when you need it faster
There are situations where speed is commercially important — for example, if you need a granted patent to support enforcement action, secure investment, or finalise a licensing deal. Most major patent offices offer mechanisms for expedited examination.
In Australia, you can request expedited examination by providing a reason for expedition, and IP Australia aims to issue a first report within approximately 8 weeks. The Patent Prosecution Highway (PPH) also allows applicants to accelerate examination in one country based on a favourable examination result in another.
Similar expedited pathways exist in the United States, Europe, Japan, and other major jurisdictions, each with their own requirements and eligibility criteria.
Maintaining patent pending status
From the moment you file a provisional application, your invention carries "patent pending" status. This status continues throughout the PCT phase and the national phase, right up until the patent is either granted or the application is abandoned.
Patent pending status does not give you the right to sue for infringement, but it serves as a powerful deterrent. It signals to competitors that patent protection is being actively pursued and that copying the invention carries real commercial risk. For more on the value of this deterrent effect, see our page on why get a patent.
A typical timeline at a glance
- Month 0: File provisional patent application — patent pending begins
- Months 1–12: Commercialise, refine invention, consider International-type search
- Month 12: File PCT application (if proceeding)
- Months 12–30: PCT search and examination; prepare for national phase
- Month 30–31: Enter national phase in chosen countries
- Years 3–5: National examination and grant in major jurisdictions
Next steps
If you have an invention and want to understand the timeline and strategy that makes sense for your situation, contact Patentec for a complimentary consultation. We can walk you through the stages, help you plan for key decision points, and recommend a filing strategy tailored to your commercial objectives.
For more detail on the overall process, see our guide to the patent application process. To learn about starting the process, visit our page on provisional patent applications.