Patent Filing: Australian provisional patent application
Filing an Australian provisional patent application is usually the first step in obtaining protection for one or more of your ideas anywhere in the world and will do so for 12 months. After filing a provisional application, a patent search is usually performed to attempt to identify relevant prior art. This will give you an indication of how likely it is that your patent application will succeed, and how to prosecute your patent application in later stages of the application process.
Patent Filing: PCT international application
Where an earlier priority date is required, a Patent Cooperation Treaty (PCT) international application must be filed within 12 months with the World Intellectual Property Organisation (WIPO) to initiate the international phase achieving patent protection in multiple countries. The patent filing of your PCT application establishes an effective filing date in the more than 140 countries party to the treaty.
Patent Filing: PCT national phase patent application
The minimum filing requirements for a PCT national phase patent application in Australia are:
- PCT application particulars including WIPO publication number; and
- If the PCT international patent application is in a language other than English, an English copy of the application, certified as a true and complete translation by its translator.
IP Australia may also request the following additional documents during the filing process:
- Certified English translation of the basic application;
- Details of any amendments made during international phase;
- Notice of Entitlement (an Australian patent attorney may prepare and sign this).
- Appointment of Agent; and/or
- A copy of the International Preliminary Examination Report if applicable.
Patent Filing: non-PCT route
Note that filing a PCT application is optional. You may otherwise obtain patent protection in the countries you elect by directly patent filing complete applications in each individual country. However, the filing cost of this stage can be quite significant if a large number of countries are selected. Because most inventors and small companies are not in a financial position to afford the filing costs so early on, opting for the PCT application is the most common avenue for the complete application process. Note also that filing a PCT application allows you to prolong the deadline for (and thus reduce the costs of) filing individual complete applications in each desired country for up to 18 months after the expiry of a provisional patent application.
Important Disclaimer: The information on this website is not legal or professional advice. The information may:
- not be correct;
- only relate to the law or practice in a given country; and/or
- be outdated.
For more information, please contact the Site Administrator: Baxter IP.