Patents

Provisional Patent Application

Dedicated and skilled patent attorneys, specialising in provisional and standard patent applications and the defence of patent rights.

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What Is A Provisional Patent Application?

A provisional patent application is intended to act as a placeholder that gets you a filing date for your invention while you are developing your invention and/or making the determination of whether a standard (or complete) patent is worth pursuing. If two inventors file patent applications for the same invention, the patent holder that has the earliest filing date will take precedence. So obtaining an early filing date is important.

It is important to note that a provisional patent does not provide any protection for your invention, in the sense that you cannot prevent others from commercialising your invention yet. Before you can do this, you need to complete your application, where it gets tested for novelty and inventiveness.

A provisional patent application simply signals that you may apply for a complete patent within the next 12 months and establishes a priority date for the subject matter disclosed in the application, to which you can backdate your standard patent application in future.

Should you not pursue a patent within 12 months of filing a provisional patent, this application will lapse and the priority date will be forfeited.

During the first 12 months, if you have come up with improvements or developments to the original invention, then it is also possible to file supplementary provisional patent applications to be able to add new subject matter. Once a complete or standard patent application is filed, then it is no longer possible to add new subject matter. In this way, filing a provisional patent application gives you flexibility to change your invention during the first 12 months.

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Why Apply For A Provisional Patent?

Establishing a priority date for your patent through a provisional application is incredibly beneficial.

It allows you more time to develop your invention before pursuing a standard patent without sacrificing the earliest rights for ownership over it.

While it cannot protect your idea from being made, sold or marketed, it can stop someone from patenting that idea as their own.

It can prove, if necessary, that you came up with the idea earlier than another and ensure that your patent is granted over an identical or similar one for the same idea.

If you don’t file a provisional patent application and disclose your invention to any party of the public you risk losing any patent rights you may have to the invention.

Filing a provisional patent application in Australia gives you the priority rights to a priority date that is recognised by 170 countries worldwide for 12 months. If you file into any of 170 overseas countries within the first 12 months, and claim priority back to the filing date of your provisional patent application, then those countries will recognise that filing date as if you had filed a provisional patent application in those countries.

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Can I Apply For A Provisional Patent Without Support?

The process for applying for and securing a patent is complex and time-consuming. While you can apply directly with IP Australia, this is not always advisable and most self-filed applications are never approved, or don’t result in any useful commercial protection.

Several criteria must be met and incredibly detailed technical and legal documentation is to be provided.

Without an understanding of how to write a provisional patent application, you are likely to face issues along the way. Even a small omission or error in your application can be problematic.

This could mean not being able to secure your priority date or a complete loss of rights.

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How A Patent Attorney Can Help

Opting to engage a patent attorney to work with you on a provisional patent application is the best way to ensure that your application is correct and that your priority date is firmly established for the correct subject matter.

Across all aspects of patent legislation and highly skilled in preparing patent applications, a patent attorney is also best placed to support you with the next steps. Patent attorneys are also highly trained in many technologies and are typically also engineers or have another scientific background.

Should you decide to push ahead with a standard patent application, having already filed a provisional application through an attorney can help streamline this process. Having your application professionally prepared can also save you money, as it’s cheaper to do it properly in the first place rather than try to fix it later.

This allows for a stress-free provisional patent application process and an easier progression to a standard patent within 12 months if required.

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IP Guardian - Leading Attorneys For Provisional Patent Applications

Backed by decades of combined experience, IP Guardian offers expert guidance and unmatched expertise in all areas of patent law.

Whether you are unsure if a provisional patent application is best suited to your circumstances or wish to apply directly for a standard patent, we can help.

Passionate about supporting Australian innovators, we can carefully assess your invention for suitability for a patent and walk you through the best options for protecting your valuable IP.

Handling your application from start to finish, we ensure your priority date is firmly established and work closely with you to prepare for a standard application within 12 months as needed.

This dedicated, professional approach allows our clients to confidently work through any additional research or tweaks with the insights of a patent expert readily available.

Committed to making qualified legal advice for patents easier to obtain, we offer accessible and affordable services to clients all over Australia with zero compromise on quality or outcomes.

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