In Australia, a complete patent application may be filed for an invention. Only a complete patent application can result in the grant of an Australian patent. A complete patent application can be either a standard patent application or an innovation patent application.
Order of filing
It is generally recommended to file a provisional patent application first and then follow with a complete patent application, however patent attorney advice is recommended. The complete application may be the Australian national phase filing of an International Patent Application, which may claim priority from the provisional patent application. Please refer to the entry on provisional patent applications.
Preparation and filing
The complete patent application may be the first filed application. Alternatively, the complete patent application may claim priority from a provisional patent application in which case the complete patent application has priority over competing patent applications having a priority date after the filing date of the provisional patent application.
An application for a complete patent includes a patent request, an abstract for the invention, and a specification.
A complete patent specification must:
- disclose the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the relevant art;
- disclose the best method known to the applicant of performing the invention;
- end with a claim or claims defining the invention, and which are clear and succinct and supported by matter disclosed in the specification; and
- the claim or claims must relate to one invention only.
Preparing claims that define the invention is generally involved and exacting work. Generally, it takes a patent attorney many years to become proficient in drafting claims that are considered clear and which are neither too narrow in their scope – so allowing competitors to work around the patent – nor so broad that the claims do not define the invention.