A guide to applying for your patent
10
Decision 4: What type of application?
There are three types of patent applications: provisional applications, complete applications and
international applications.
Provisional applications
This is the easiest way to get the earliest possible priority date, however, it does not give you patent
protection on its own. If you decide to pursue patent protection then you need to file a complete
application within 12 months of your priority date.
Provisional applications are only optional, but useful if you operate in a highly competitive industry where
constant innovation demands the earliest possible priority date. You may also appreciate some time to
determine if your invention is worthy of further time, money and effort.
If you don’t file a complete application before the 12 months is up then you lose your earlier priority date.
Complete applications
Applications for standard or innovation patents are called complete applications. A complete application is
necessary to actually have a patent granted. Complete applications should be considered ‘the real thing’,
whereas a provisional gets you a priority date and signals your intention to lodge a complete application in
the near future.
We publish details of your patent application in the Australian Official Journal of Patents (AOJP).
Publication is an important step for two reasons. First, the contents of your standard patent application
or innovation patent are no longer confidential which means that your invention becomes part of the
knowledge of the general public and may therefore subsequently assist in advancing industry and
technology. For example your invention may inspire others or be used to help solve other problems.
The second reason concerns possible action you can take if someone else infringes your patent. Once
you have a granted standard patent or a certified innovation patent you can take legal action for any
infringements that occurred from the date we published your application.
International applications
An international application is a useful way to apply for patents in a number of different countries
simultaneously and protect your potentially important export markets. These applications are also known
as PCT (Patent Co-operation Treaty) applications. For more information on international applications see
our publication ‘A Guide to applying for your patent overseas’.
A guide
to applying for your patent
11
Flow chart of an application
Idea
Search
Does it already exist?
Seek professional
advice
Provisional
$
Application
(optional)
Innovation Patent
Standard Patent
$
$
Checked
To satisfy formalities
Published
in official journal
If rejected,
you have the right
to respond
Granted
and published
Examination
(if requested)
Certification
in official journal
Examination
$
Accepted
$
Published
If rejected,
you have the right
to respond
Subject to opposition
Patent granted
if unopposed
Pay annual fees
$
$
- Our fees apply.
$
A guide to applying for your patent
12
How to file a provisional patent
application
There are several ways you can file, you can
• use the services of a patent attorney
• apply online using eServices via our website
• download a form from our website, or request a paper form by phoning us on 1300 651 010;
then post your application to:
The Commissioner of Patents
IP Australia
PO Box 200
Woden ACT 2606 Australia
If you apply online you need to separate your application into parts and attach each part separately.
Due to international patent standards these files must be in a PDF, JPEG, TIFF, PNG, TXT, DOC or
DOCX format.
What do I need to file?
Your provisional application should include:
• a completed Patent Request: Provisional Application form
• a
provisional specification
• the filing fee.
For online filings, each attached the file cannot exceed 20MB in size. Total attachments cannot exceed
100MB in size.
Preparing your provisional application
Patent request form
If you apply online you can complete the form through eServices. The eServices portal can be accessed
through our website.
If you do not want to apply online the patent request form can be downloaded from our website. Please
read the instructions carefully before filling in the patent request form, and keep a copy of the completed
form for your own records (Please note that it is more expensive to apply on paper than through our
eServices portal).