Record the deadline to request examination of a standard patent
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the application data the lawyer selects, record the filing date, the date five years after that filing date, the date of any reminder, the date two months after that reminder, whether the file shows a request for examination, and whether the file shows the examination fee as paid. Do not decide that the application has lapsed.
- What the lawyer must review
- The lawyer decides which date governs and whether the application has lapsed. IP Australia says a standard patent application may be examined after a request made at any time within five years of filing, and that the applicant has up to five years from the filing date to request examination and pay the fee. If no request has been made close to the end of the five years, IP Australia sends a reminder, and the request must be made within two months from the date of the reminder. If examination is not requested, or the fee is not paid, the application will lapse. The examination fee on both pages is $550. The pages aim to examine within about twelve months of the request, or about eight weeks if expedition is granted. Expedition has no additional fee and needs a reason. Once examination is requested, an optional preliminary search and opinion can no longer be requested. The lawyer does not treat a direction, as distinct from the reminder these pages describe, as part of this deadline.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Count five years from the filing date, which is the period the timeframes page states.
- If there is a reminder, also record two months from the date of the reminder. Do not substitute a different period.
- Mark the fee separately from the request. The pages say the application lapses if the request is not made or the fee is not paid.
- If expedition is mentioned, record the reason on the file and that the pages describe it as having no additional fee. Do not promise an eight-week examination.
Sources
- IP Australia, how to request examination of a standard patent · 2026-10-22
- IP Australia, patent timeframes and fees · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.