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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.
What is the cost of PRIO-Application?
You pay EUR 50,- during the online application. In case you upgrade, the research and examination fees EUR 272,- will be due. In case you do not upgrade, you have only risked EUR 50,-.
Upgrade - How does ist work?
After your PRIO application, you should decide within twelve months whether you want to upgrade and make it a regular patent application. You will receive reminders from us: each time after about three and eight months. Upgrading is a prerequisite for your invention to become a patent from the PRIO application.
The process in detail:
- PRIO application at e-filing.patentamt.at/Prio-application/ register.
Please note: The PRIO application can only be filed online! - After about three months, you will receive a reminder about your PRIO application: Upgrade yes or no?
- No upgrade: No problem! The PRIO registration remains valid.
- Eight months after registration: You will receive another reminder.
- If no upgrade is made by the end of twelve months, the process is discontinued. The bottom line is that you have only risked EUR 50.
An early upgrade has the advantage that you will receive the search report, which we will do for you, in time and can think about further steps, such as an international application for your invention. If you want to internationalize, you should upgrade in time, about three months after the PRIO filing.
You can also make the decision not to pursue patent protection for this innovation. Then no upgrade will take place and the PRIO application will expire and the application process will be discontinued.
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.
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