File a Provisional Patent Application

A provisional patent application makes an initial, international claim to your invention. A provisional application lasts for 12 months and gives you two key benefits:

Flexibility to add improvements later: You can add new details about your invention to your application anytime within those 12 months. With a regular patent application, you can't do this once it's filed. Keep in mind: Provisional patents aren't available everywhere, but countries like the USA and Australia offer them. In 90% of cases, a provisional application is a good way to start the patent process by laying claim to your invention(s) and buying yourself time to decide if you want to pursue a complete patent.

Do I need a provisional application?

In the majority of cases, a provisional application is the best starting point in seeking patent protection and indeed most inventors file a provisional patent application initially.

A provisional patent application provides the flexibility of the inventor being able to add new undisclosed material into the patent application at any time during the 12 month life of the patent application in the form of supplementary provisionals. This option is not available when filing a standard patent application and no new material can be added after filing if a standard patent application is filed.

Why are provisional patents so important?

1. A thorough provisional patent application supports your patent priority claim

A provisional patent application establishes an international filing date for any new idea or invention properly articulated in your patent specification. Stage 4 National Patent Applications that claim priority to this international filing date, in certain situations, are fully reliant on this priority claim to be valid. One such situation is where the new idea was publicly disclosed or other prior art become publicly available in the first 12 months post filing of the provisional patent application.

The problem is that this priority claim to the International filing date will only be upheld, where the full legal breadth of the claims were supported by adequately described embodiments of your new idea and this support was included in the patent specification of your provisional patent application.

"A thorough provisional patent application supports the priority claim to your earliest international filing date and hence, in some situations, can make the difference between a valid or an invalid patent."

2. A thorough provisional patent application enhances your patent monopoly coverage

If an inadequate range of embodiments are provided in your patent specification, a patent office or court may interpret your claims more narrowly. Since embodiments are normally written into the Stage 4 National Patent Applications as a result of the detailed work originally performed on the provisional patent application and in any case, cannot be added post filing of your Stage 3 PCT International Patent Application, it is very important that your provisional patent application is a detailed disclosure of your invention.

Where claims are interpreted more narrowly, the ability of your granted patent to capture an infringement (i.e. its legal effectiveness) is limited. Therefore, our patent attorneys always recommend you file a detailed provisional patent application from the outset with enough embodiments to support the full breadth of your claims.

"A thorough provisional patent application can enhance your monopoly coverage and your ability to stop patent infringement."

3. A thorough provisional patent application sets the groundwork for patent examination

A provisional patent application filing is the first point at which the new idea is articulated in a scope-defined, legal manner in the claims. Whilst claims are normally reviewed and amended prior to filing your Stage 3 PCT International Patent Application or your Stage 4 National Patent Applications, the foundational wording of the claims is normally developed during the drafting of your provisional patent application.

"A thorough provisional patent application can help you achieve a successful result during patent examination."

Baxter IP's provisional patent application strategies

A thorough approach to patent drafting requires strategic insights, here are some of ours:

1. Identify the crux of the new idea

Protect the concept behind the new idea, not just specific implementations.

2. Consider all possible embodiments

Think beyond your current prototype to consider all variations and improvements that could be made.

3. Draft comprehensive claims

Develop a strategic claim structure that provides broad protection while accounting for potential design-around attempts.

4. Include detailed descriptions

Provide thorough descriptions of how your invention works and why it's innovative.

Next steps in the patent process

After filing your provisional patent application, you have 12 months to decide whether to proceed with:

• PCT International Patent Application
• Direct National Patent Applications
• International Patent Search to assess patentability

Professional guidance for provisional patents

Filing a comprehensive provisional patent application requires expertise in patent law and strategic thinking about your invention's commercial potential. Our experienced patent attorneys can help you develop a provisional patent application that maximizes your protection and sets the foundation for successful patent prosecution.

Contact our patent team to discuss your invention and develop a tailored patent strategy that aligns with your business objectives.