Provisional vs Complete Patent Application Australia

What Is a Provisional Patent Application?

A provisional patent application is a preliminary filing with IP Australia that establishes a priority date for your invention without requiring a full patent specification. It gives inventors 12 months to refine their invention, seek commercial partners, and decide whether to proceed with a complete (standard) patent application.

Importantly, a provisional application is never examined and will never become a granted patent on its own. It exists purely to secure your priority date and buy time to develop your invention further. The term “provisional patent” is sometimes used loosely in conversation, but technically, only a complete (standard or innovation) patent can be granted.

What Is a Complete Patent Application?

A complete patent application is the full filing that can ultimately lead to a granted patent. It contains a complete specification including claims, which define the exact legal boundaries of the patent protection you are seeking. In Australia, there are two main types of complete applications:

Standard Patent: Grants protection for up to 20 years (25 years for pharmaceuticals). Requires examination by IP Australia and is suited to commercially significant inventions worth protecting long-term.
Innovation Patent: Note that the innovation patent system in Australia was phased out in August 2021. No new innovation patent applications are accepted, though patents granted before that date remain active.

A complete application must be filed either directly (without a prior provisional) or within 12 months of your provisional application. If you miss the 12-month window, your provisional application lapses and the priority date is lost.

Key Differences: Provisional vs Complete Patent Application

Understanding the differences between provisional and complete applications is essential for making the right strategic decision for your invention:

1. Cost

Provisional applications are significantly cheaper to file. IP Australia’s filing fee for a provisional application is around $110 (as of 2026). A complete standard patent application costs more in government fees alone, and the professional fees for drafting a complete specification with formal claims can run into several thousand dollars. Starting with a provisional keeps initial costs low while you test the waters.

2. Timeline

A provisional application gives you a 12-month window before you must file a complete application (or a PCT international application) to keep your priority date alive. From filing a complete application, examination typically takes 12-18 months in Australia, and grant can take 2-4 years from the original priority date depending on complexity and any objections raised during examination.

3. Level of Detail Required

A provisional specification does not need formal patent claims. It needs to disclose the invention clearly enough that a person skilled in the relevant field could understand it. The complete specification, by contrast, requires precise legal claims that define what you are protecting. Drafting claims is a specialised skill best handled by a patent attorney.

4. Legal Protection

A provisional application provides no granted protection. If someone copies your invention during the 12-month provisional period, you cannot sue for infringement based on the provisional alone. However, once a complete patent is granted and claims are accepted, protection is backdated to the priority date (the provisional filing date), so any infringement during that period may become actionable retrospectively.

5. International Filing via PCT

The 12-month provisional period aligns with the timeline for filing an international Patent Cooperation Treaty (PCT) application. Many applicants file a provisional in Australia, then file a PCT application within 12 months. This PCT application can then be used to enter individual countries (including the US, UK, Europe, China, and Japan) within 30 months of the priority date. The provisional-to-PCT path is one of the most common strategies for inventors with global ambitions.

Which Should You Choose: Provisional or Complete?

The right choice depends on your situation. Here is a practical decision guide:

Choose a Provisional Application If:

You need to secure a priority date quickly before disclosing your invention at a trade show, to investors, or in publications
Your invention is still being developed and you need time to refine the design
You want to test commercial viability before committing to the full cost of a complete patent
You are considering international filing and want to use the PCT pathway
Budget is a constraint and you need to stage the investment

Choose a Complete Application Directly If:

Your invention is fully developed and the specification is ready
You want to begin the formal examination process as soon as possible
You are filing in Australia only (no international plans) and want the most direct path to grant
Your invention is in a fast-moving technology space where speed to grant matters

The 12-Month Deadline: What Happens If You Miss It?

This is one of the most critical points to understand. If you file a provisional application and do not file a complete application (or PCT application) within 12 months of the provisional filing date, your provisional application lapses. You cannot extend this deadline.

Once lapsed, your priority date is gone. If you file a new complete application after the 12 months, your new application will be subject to any prior art (including your own published information about the invention) that appeared after your original provisional filing date. In some cases, this can prevent a patent from being granted.

Tracking renewal and prosecution deadlines is critical. ipReNewAl offers IP renewal and deadline management services to ensure you never miss a critical filing date.

IP Australia Fees: Provisional vs Complete (2026)

The following fees are indicative government fees for Australian patent applications as of 2026. Professional fees charged by patent attorneys or agents are additional.

Provisional patent application filing fee: approx. $110
Complete standard patent application filing fee: approx. $370 (electronic filing)
Request for examination: approx. $490
PCT international application (Chapter I): approx. $3,300+ (depending on designations)
Annual renewal fees: Begin after the 4th year and increase over the patent term

Always check the IP Australia fees schedule for the most current figures, as fees are updated periodically.

What Is a PCT Application and How Does It Relate?

The Patent Cooperation Treaty (PCT) is an international patent treaty administered by the World Intellectual Property Organization (WIPO). Filing a PCT application allows you to seek patent protection in up to 150+ countries through a single international filing rather than filing separately in each country.

The typical Australian inventor’s path is:

File a provisional application in Australia (establishing priority date)
File a PCT application within 12 months of the provisional
Use the PCT national phase entry process (up to 30-31 months from priority date) to select which countries to file in
Prosecute the patent in each chosen jurisdiction

ipReNewAl provides support for patent application drafting and filing across Australia, UK, Europe, USA, and other jurisdictions. Learn more on our Patent Application Drafting and Patent Filing Service pages.

Do You Need a Patent Attorney?

While it is legally possible to file a patent application yourself in Australia, it is strongly recommended to work with a registered patent attorney or agent, especially for the complete specification. Here is why:

Patent claims must be drafted precisely to provide meaningful protection. Poorly drafted claims can be easy to design around or may be rejected during examination.
IP Australia examiners will raise objections (adverse reports) during examination. Responding to these requires technical and legal expertise.
A patent attorney can advise on the scope of protection available, freedom to operate, and potential conflicts with existing patents.
For PCT applications, the complexity increases significantly across multiple jurisdictions.

ipReNewAl works with experienced IP professionals to assist with provisional and complete patent applications in Australia and internationally. Contact us to discuss your patent strategy.

Frequently Asked Questions

Can I convert a provisional application to a complete application?

You do not technically “convert” a provisional to a complete application. Instead, you file a new complete application that claims the priority date of your provisional. The complete application must be filed within 12 months of the provisional. The provisional itself lapses once the 12-month window closes.

Does a provisional patent protect my invention internationally?

No. A provisional application filed in Australia only establishes an Australian priority date. For international protection, you need to file a PCT application (or individual national applications) within 12 months of the provisional filing date. The PCT application then provides access to 150+ countries through national phase entries within 30 months of the priority date.

What happens to the provisional application after 12 months?

An Australian provisional application automatically lapses at the end of the 12-month period. It is not examined, cannot be granted, and is not publicly available (it remains confidential). Once lapsed, you cannot revive it. Your priority date is only preserved if you file a complete or PCT application before the provisional lapses.

Is a provisional patent application confidential?

Yes. Provisional applications filed with IP Australia are not published and remain confidential. Only complete patent applications are published (typically 18 months after the priority date). This means you can safely disclose information about your invention during the provisional period without it appearing in the public record until the complete application is published.

How long does it take to get a patent granted in Australia?

The timeline from filing a provisional application to grant of a standard patent in Australia is typically 3-5 years. This includes: 12 months (provisional period), then filing the complete application, waiting for acceptance of the application, requesting examination, examination process (12-24 months), addressing any objections, acceptance, and grant. An expedited examination process is available in some circumstances which can reduce the timeline significantly.

Ready to File Your Patent Application?

Whether you are at the early idea stage (where a provisional makes sense) or ready to file a complete patent specification, getting the right advice early is essential. ipReNewAl assists inventors and businesses with patent application drafting and filing across Australia, UK, Europe, and USA.

Explore our Patent Application Drafting Service for help preparing your specification
Learn about our Patent Filing Service for end-to-end filing assistance
Contact us today to discuss your patent strategy with our IP professionals

Provisional vs Complete Patent Application in Australia: What You Need to Know