Patents Overview - Provisional
Patents overview
What is a search?
Before applying for a Provisional application, you should conduct a search to see if there is anything similar in the market place which may affect the likelihood of your patent being granted.
Your invention must be kept secret until you have applied for patent protection. You can still talk to your employees, business partners or advisers about your invention, but make it clear that the information is to be kept confidential.
Searches can be conducted using on-line databases for patents or by an IP Professional.
How much does it cost?
$0 - search conducted by yourself.
$? - search conducted by an IP Professional.
How long does it take?
There is no set time for the search to be conducted.
What's involved in applying for a provisional application?
Applying for a provisional application is optional. It is a simple and fast way to establish a priority date, the date your patent application is first filed, while you decide whether to continue the patenting process. Your provisional application will lapse within 12 months and there is no way to extend this time.
You can complete either an online or paper application. Your application will be processed by IP Australia and you will receive a letter acknowledging your provisional application.
How much does it cost?
How long does it take?
IP Australia will process your application within 1 month.
What happens next?
A provisional application does not offer any patent protection on its own. You have 12 months to do research and seek professional advice on the best patenting option.
In order to claim priority from your provisional application, you will need to file a Patent Cooperation Treaty (PCT), Standard or Innovation patent application within 12 months before your provisional application lapses.
How much does it cost?
Additional fees will be charged if you decide to apply for a PCT, Innovation or Standard Patent.
How long does it take?
Maximum 12 months.
Last Updated: 12/4/2013