Provisional patent application: basics
A provisional patent application is a fast and cost-effective way to secure the filing date for your invention – known as priority. The provisional application is a special kind of national patent application where securing a priority date is the primary focus. The substantive examination of your invention does not begin until you upgrade the application to a regular patent application. You have twelve months to do so. This keeps all your options open – with a low initial outlay.
Anyone wishing to file a patent can submit a provisional application – without mandatory legal representation. It is a particularly suitable option if you have already produced a successful description of your invention, but you need more time to prepare a formally correct patent application.
Typical situations:
- University students and researchers who are about to publish and want to secure priority beforehand
- Companies that want to begin marketing and do not wish to jeopardize patentability through premature publication
An invention must be novel worldwide to be patentable. By filing the application, you secure a priority date. This ensures temporal priority over later publications or applications by others.
If two people file for the same invention, the person who secured the earlier filing date (=priority) generally has the better starting position.
Your priority is not limited to Austria: Within twelve months, it can be used for applications in almost every country in the world (see International Patent). Whether you have filed an upgrade is irrelevant in this context.
Important: Your priority covers only those parts of your invention that were disclosed – i.e., sufficiently described – on the filing date. No new technical features may be added to the application after filing.
Only the document fee of €74 is due when you file the application. If you upgrade your application, the search and examination fee of at least €272 will become due.
Please note: If you do not upgrade your provisional application within twelve months of filing, it will be rejected and you will not be granted an Austrian patent. However, you will receive a written reminder from us at approximately three and eight months after filing. You can find an overview of the fees for a provisional application here
A provisional application is a special kind of national patent application. It is not examined until you upgradeto a regular national application. Whether you upgrade or not, however, has no effect on the priority date you have secured. If you upgrade, the formal and substantive examination will be carried out just as rigorously as any other national patent application.
Provisional patent application: Here's how it works
The most important thing is to describe your invention in such detail that experts would be able to reproduce it based on your documentation. This is because no new technical features may be added after filin, not even in the case of an upgrade. Exceeding the original disclosure is not permitted. If you wish to submit new technical features, you will need to file a new, separate application with a later priority date.
The substantive requirements are generally the same as those for a regular national patent application. Your application must include:
- A precise description of your invention with all technical features
- Technical drawings, if possible, as a supplement
The following elements may be included, but are not yet required:
- Claims
- Abstract
- Descriptions of the prior art
- Objectives of your invention,
- Problems that your invention solves
- List of figures
As a general rule, the more precisely you describe your invention, the better.
A quick guide to drafting an application can be found here. We have also compiled a fact sheet outlining common mistakes to avoid when filing an application. Both documents are available in German only.
You can only submit a provisional application electronically via one of these two methods:
- Digitally with ID Austria via our Online Filing Patent
- Digitally without ID Austria via the provisional application form (available in German only)
Applications submitted via e-mail, mail, or in person at the Customer Service Center of the Austrian Patent Office are not permitted.
After submission, you will receive a case number from us that will accompany you throughout the entire process. The Austrian Patent Office initially conducts only a short examination of formal aspects of your application—the substantive examination begins only after an upgrade. The easiest way to file is via our Online Filing Patent [LINK] with ID Austria. This makes it easier for you to meet the formal requirements
After filing, you have twelve months to convert your provisional application into a regular patent application by paying the remaining fees. If the deadline passes without an upgrade, the procedure will be discontinued and the application will be rejected.
The process:
- Complete the provisional application online and pay the filing fee
- After around three months, you will receive an upgrade reminder from us
- Eight months after filing, a second reminder will follow
- Upgrade by paying the remaining fees within twelve months
Upgrading early has the advantage of allowing you to receive your search report sooner. This provides a solid basis for decision-making if you plan to use your priority to file for a patent for your invention abroad
It is best to submit subsequent filings, such as improved documents or a new address, directly through Online Filing Patent. Submission via e-mail is not permitted.
The application is not complete until you have receivedtwo confirmation e-mails: one with a link to verify your details and one confirming receipt by the Austrian Patent Office. If either is missing, the process has not been fully completed. Iin this case, please check your spam folder first. If you file via Online Filing Patent using a digital signature, you will receive only one e-mail.
If you have any questions, please contact our Customer Service Center
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