	What is a patent?
	Before you apply
	The application process
	Maintaining your patent
	International applications
	Fees
	Examples
	Search databases
	Forms & publications


	Online Services

Home

Patents

The Application Process for your Patent

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);
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.

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.

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.