How does filing for a patent work?

There are a range of ways in which to file a patent. This will depend on your intellectual property strategy, budget, timeframes and markets of interest.

Dependent on the above factors, an application with a provisional specification may be the most suitable way to first file your patent application.

An application with a provisional specification provides a 12 month priority period to develop your invention before filing a complete specification. An application with a provisional specification can buy you time whilst you refine your invention and/or ready your complete specification, and can be used to establish a priority filing date if it sufficiently supports a complete specification which is subsequently filed.

However, in some instances it may be most appropriate to file a complete specification in the first instance.

​Further or alternative steps in the filing process may include applications in foreign countries which may claim priority from your first application, or an application under the Patent Cooperation Treaty which can assist with obtaining patent protection in multiple countries.

In any case, after an application has been filed it will need to undergo examination by the relevant patent office in order to become enforceable against third parties in that jurisdiction.

Given the complexities around intellectual property strategy generally and patent filing strategy, we recommend discussing your individual circumstances with a patent attorney.