Provisional applications


To get the earliest possible priority date on your invention, you can file a provisional application. As a general rule, the priority date for your invention is the date on which you first filed a patent application that described your invention in detail.

A provisional application doesn't give you patent protection on its own (there are no 'provisional patents'), but it's useful in establishing an early priority date if you operate in a highly competitive industry where constant innovation requires you to get the jump on competitors.

A provisional application also gives you time to determine whether your invention is worthy of further time, money and effort associated with filing a complete application for a patent.

If you wish to claim priority from your provisional application you must file a complete standard or innovation application within 12 months of lodging your provisional application.

How we can assist you to make a choice

If you have filed a provisional application you can, for a fee, get a patentability search carried out. This may help you to decide whether you want to pursue patent protection in Australia and/or overseas.

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Last Updated: 03/4/2012