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Application Process for your PatentFiling
an application
Filing an application
Filing a Provisional Application for a Patent
Filing
a complete application for Standard or Innovation Patent
What
if I omit something or want to change it?
More
detailed information
In order to file an application, you will need a typed specification describing
your invention.
Filing a provisional application
To file a provisional application you must include:
- a provisional specification;
- a completed Patent request: Provisional Application form (see patent
forms); and
- the filing fee.
A provisional specification should be drafted carefully and include as full
a description of your invention as is possible, including alternative arrangements
and optional features. A provisional specification is not required to have claims,
which makes preparing it a little simpler.
A provisional specification should also:
- be in English;
- be on only one side of each A4 page;
- have separate pages for drawings (and claims if included[b1] );
- not include photographs;
- allow sufficient margins (i.e. at least 2.5 cm) on all pages;
Remember - filing a provisional application on its own does not give
you patent protection.
All provisional applications lapse after 12 months. If you do not file a complete
application associated with the provisional or file an international application
within this 12 month period, you will lose any priority that it may have provided.
Provisional applications for a patent can now be filed online. The IP Australia
Online Services section enables you to lodge applications online in a secure
environment. You can also file applications in person at the IP Australia State
Offices, as well as by fax and post. To find out how to pay, go to our Making a Payment page.
We will then send you a receipt listing the provisional application number.
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Filing a complete application
Your application should include:
- a complete specification;
- either a Patent Request: Standard Patent or a Patent Request: Innovation
Patent form;
- a Notice of Entitlement form for Standard patents, (although you can file
this form at a later stage if you need to); and
- the filing fee.
A complete specification is the basis for your patent. It must:
- fully describe your invention so that others could reproduce your invention
from the information given;
- give the best method of performing your invention; and
- end with a claim or claims which define the invention which the patent is
to cover.
- be in English;
- be on only one side of each A4 page;
- have separate pages for claims and drawings;
- not include photographs;
- allow sufficient margins (i.e. at least 2.5 cm) on all pages;
(For a standard patent you can have any number of claims. An innovation patent
can have only five claims.)
Please note that a standard patent application with more than
20 claims at acceptance will incur additional fees.
Complete applications for both innovation and standard patents can be filed
online. The IP Australia Online
Services section enables you to lodge applications online in a secure environment.
You can also file applications in person at the IP Australia State
Offices, as well as by fax and post. To find out how to pay, go to our Making
a Payment page.
If you want to associate your application with one or more provisional applications
in order to gain an earlier priority date, include the details on the request
form. This can only be done for provisional applications filed within the preceding
12 months.
A claim should:
- be written as a single sentence;
- define clearly what you are seeking patent protection for. The words of
your claim must distinguish your invention from what is already known;
- set out all the characterising technical features of your invention; and
- be consistent with the description.
An independent claim is one that does not refer to any other
claim. It must define those features which are essential to the invention.
A standard patent application can have more than one independent claim but
they must all relate to the same invention. For example, if your invention is
a new product, you may be able to include independent claims for the product,
a new process specially adapted to make the product and perhaps a new apparatus
to carry out that process.
A dependent claim makes explicit reference to one or more
previous claims. You should ensure that your introductory words of each dependent
claim refer to the whole of the earlier claim. This is usually achieved by repeating
the introductory words of the independent claim and referring to the claim by
number.
The extra features specified in dependent claims would be those that you consider
desirable or optional, but not essential to your invention. They are sometimes
used as a safeguard just in case the invention in the independent claim is not
new, or the independent claim is shown to be invalid after a patent has been
granted. They may also be of value when negotiating a licence agreement with
a manufacturer.
An omnibus claim is one that claims the most preferred form
of your invention with reference to the description and/or drawings.
Drawings
You should use drawings wherever possible to help describe your invention.
Drawings must be in black ink and drawn using drafting instruments.
Significant features of the drawings should be clearly labelled by number and
described in the body of the specification.
Abstract
You should include an abstract at the back of your specification. This is a
brief summary of your invention which will help the reader to quickly identify
the key features.
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What if I omit something or want to change it?
Once you have filed your specification, you have limited options to change
it.
For provisional applications, consider filing a new provisional application
as soon as possible to secure a priority date for the additional details.
With a complete specification, you may be able to add something later, but
you will usually NOT be able to claim it in that application.
However, in some circumstances, you may be able to get patent protection by
filing another patent application.
More detailed information
Our reference section has a wide range
of materials on patents which you can access online. In particular, you can
download the Patents Guide and the Patents Application Kit, which will take
you through the application process step by step.
 The
Patents Guide
The
Patents Application Kit
National Security Interests
If you have any further queries please contact our customer service team.
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