Main content:
PROVISIONAL PATENT APPLICATION BRIEFLY EXPLAINED
- Anyone can file a patent application provisionally.
- Provisional, because you do not have to pay the full fees right away.
- Provisional, because you do not have to observe the formal requirements for the time being.
- Provisional, because you determine when the Patent Office should start examining the content of the documents (this takes place when you "upgrade"). However, you have a maximum of twelve months to do this.
- What you have for sure: The filing date, the so-called priority, with which you can file further patent applications for your invention worldwide within one year on the basis of the submitted documents.
Please note:
- No new technical features can be added after the filing date ("excess of disclosure"), not even in case of an upgrade.
- The provisional patent application can usually be usefully used to establish priority for a new patent application, in which you can also add further technical details if necessary.
We will be happy to provide you with more detailed information on your specific situation in person (PHONE +43 1 53424 or info(at)patentamt.at).
What should the Prio application contain?
Your provisional patent application must contain an exact description of your invention with all technical features that are necessary for the functioning of your invention. Features that you also intend to disclose on your website, in advertising brochures or in other presentations should be included in any case. Technical drawings are also good to supplement the description. In short, the more and more detailed you describe your invention, the better.
It can, but does not have to contain:
- Claims,
- Abstract,
- descriptions of the known prior art,
- tasks of your invention,
- problems solved by your invention or
- List of figures
IMPORTANT. The priority date of your provisional patent application applies only to features that you actually disclose in your description. It is not possible to add features after the fact.
Why do I need the Priority?
An invention must - among other things - be new worldwide in order to obtain a patent on it. With the PRIO application you can secure the filing date, the so-called priority. You can claim this within twelve months for an international application - i.e. you take your filing date of the PRIO application with you. Your invention will be treated in other countries in the same way as your first application. You have priority in terms of time.
