Provisional Patent

[webdever]

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Hi not sure what the best section here is.

I am looking to explore patenting my invention.

What protections does a Provisional Patent provide? Is there a government agency that can help? I do know of IP Australia but 10yrs ago I was going to patent another innovation and I had a meeting with some gov agency specific to this, they would assist as in provide funds or services to help.

My inventions focus will initially be on markets outside Australia, and I am eager to get some into the field for testing plus start working with international partners.

There is not too much funds available on my end right now to pay for services related to taking the first steps, but there are some funds available for outcomes that can secure me the option for a period of time to get patent protection worldwide.

[JacquiPryor]

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I do know of Innovic if this helps – a not for profit, aimed to assist inventors through various parts of the invention process.

In terms of specific advice to the provisional patent, you may need to speak with a patent attorney. My understanding (and I’m not a patent attorney) is it secures you a priority date so that you can more freely explore the commercial viability of your patent – then if everything checks out you can go ahead with the Complete application. However, filing of the provisional starts the clock ticking in terms of when you need to take the next steps on your patent so understanding the time-frames for Australia and overseas if this is your intention will be necessary, preferably before the provisional application is filed.

[webdever]

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Thanks, I am exploring options and it may be best to go for a USA provisional patent, if it is recognised in AU as well.
USA has “first to file” recognition from my understanding and that could be an advantage. Plus maybe more clear agreements with other countries.
Anyway I could be all wrong with the above but my focus will be on EU and Asian markets first for this particular product.

I did get in contact with Innovic and they want $176 for a skype interview, spose they need to cover costs. They do have a very useful newsletter and other information.

[MyGreatIdea]

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Hi Webdever (sorry, don’t know your name )

I can give you the contact details for my IP attorney here in Perth, if you’re interested. Have a chat to him at least.

I filed Australia first, then US and Europe and I have only just received my US patent finalised last September, a five year process. Europe is still pending and within the next 12 months I’ll be selecting specific countries – each at a cost.

The total cost is massive, over a long period of time, with no guaranteed result. However, many companies won’t even look at working with you with a product without a finalised patent.

If it helps, I’ve written an ebook about my experiences (link in my signature below)…there’s a lot to consider.

Best of luck!
Wendy

[PBTran]

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Hi Webdever,

I might be a bit late, but better later than never!

From my understanding, a Provisional Patent basically buys you time (12 months) and covers you worldwide. At the end of the 12 months, you will need to either –

1. File for a Patent
2. File for a PCT (Patent Cooperation Treaty)

If you decide to continue and file for a Patent, you will need to file individual patents in your intended countries/regions e.g. – Australia, New Zealand, Europe US etc.

Alternatively, you can buy some more time and file for a PCT which will give you another 12 months (I think!). This applies only to the countries which are part of the treaty (most of the major countries/regions – US, Europe, China etc.). Be aware though, at the end of the PCT, you will again still need to file for patents in the countries/regions of your desire.

As you know each time you file something, it is going to cost $$$, so unless you are really unsure about which countries you want to have protection in, passing on the PCT will save you.

I hope that helps

Peter

[Author]

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