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A filing date in Intellectual Property terms is the date at which an application is first filed with IP Australia.
Patents, designs and trade marks have filing dates recorded as part of the application process, however, they are more relevant to patents and designs.
For provisional patent applications, this does not mean you need to have made or built your invention. You are simply protecting your rights provisionally by filling the information you do have in advance of having a prototype or working invention. You do have to have sufficient information to adequately describe the details of the invention though.
A filing date is not to be confused with a priority date. While they may indeed share the same date in some instances, a priority date can actually be earlier than the filing date.
A priority date refers to the earliest date from which an application can claim priority. In patent applications where there are different applications for the same invention by different applicants, the applicant who has the earlier priority date is awarded patent rights.
This can occur when a new application is linked with an earlier linked, parent filing or provisional application.
Your filing date determines the time frames in which your application must be processed. It also determines the date from which any protection is enforceable if a patent is ultimately granted.
After filing, you can continue working on your invention as well as sell it. In Australia you must request examination within 5 years of filing a standard patent application or within 2 months of IP Australia issuing a direction to request examination.
Failure to request an examination during this time will cause your application to lapse and the loss of your filing and/or priority date rights.
To ensure the filing requirements and associated timelines are met for your patent, it is recommended to engage a registered patent attorney.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.