Step 4: Filing patent application
Based on the readiness of your invention, the decision has to be made about filing patent application whether to go for a provisional patent application or complete patent application.
If you are not quite ready with complete invention and require further research and development yet you don’t want to lose on priority date for filing patent application then going for a provisional patent application is recommended.
Provisional patent application:
- When to go for provisional patent application
- advantages of provisonal patent application
- cost for filing
- elements of provisional patent application
- mistakes to avoid in provisional patent application
There are some advantages for filing a provisional patent application especially in the early stage of work which is discussed in detail in the “provisional patent application”
The patents are territorial in nature, so if you file patent in Australia, you are getting protection in Australia only. You cannot stop use of invention outside Australia. Therefore, if you desire that your invention should be protected in multiple countries, depending on your preference of countries different options, paths, and strategies for filing a patent application is to be adopted with the guidance of a patent agent/attorney.
International patent application:
- different options and routes available
- strategies to go about international patent filing
- Patent Cooperation Treaty (PCT) application
- Paris convention and other routes
- Australian Provisional Patent Application (lasts 1 year, affordable, provides opportunity for further invention developments to be included later)
- PCT International Patent Application (lasts 1.5 – 2.5 years, covers about 50 countries, most attractive to investors)
- Australian Standard Patent Application (lasts 20 years)
- Australian Innovation Patent Application (lasts 8 years, most affordable, for new but otherwise obvious ideas, provides protection in Australia only)
| Filing patent application | Responsibilities | |
| Inventor |  | reviewing patent application and signing formalities (power of attorney) |
| Patent agent or attorney |  | preparing patent application for filing. recommending best filing route and options for international patent application (if required). |
| Patent office |  | receive patent application and provide the receipt along with date and time of filing the patent application. |
Attorney fees for filing a patent application in AU: Generally, there is no professional fees charged for patent filing patent application (provided fees are paid for patentability search and patent drafting )
Official fees for filing a patent application in AU: There are many things needed to consider before giving an exact fee amount, as it depends on the number of sheets in the patent specification, the number of claims, etc. but below are approximate costing for this stage.
official filing fees for Provisional patent application in Australia is AUD 110
official filing fees for Standard patent application AUD 370
The outcome of this step that is filing patent application is :
- You receive a receipt for filing patent application at Australian Patent Office with invention title, your name along with time and date of filing.
- Now, your patent application have secured a priority date for your invention, which makes you less worried about the confidentiality and safety of your invention.
- The patent application will be taken to subsequent steps requests and fees submitted as per standards.
Next article Step 5: Publication of patent application
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.