If a provisional application is lodged, a complete application must be filed within twelve months of the date of filing of the provisional application in order to claim priority from the provisional application. An advantage of filing a provisional application, as opposed to a complete application in the first instance, is that further development and assessment of the invention may take place in the twelve months following the lodgement of the provisional application and any improvements or modifications during that time can be incorporated into the complete application when filed. If the improvements or modifications are in themselves significant, they may be the subject of one or more further provisional applications. A single complete application can claim priority from multiple provisional applications filed within the preceding 12 months.
Most local inventors elect to file a provisional application in the first instance.
However, if no further development of the invention is necessary, or if the applicant wishes to obtain a patent as soon as possible, it may be more appropriate to file the complete application in the first instance. After the complete application is filed, the application will be examined by a Patent Examiner. However, the application will only be examined if the applicant requests examination and pays an examination fee. Examination must be requested by the applicant within five years of the lodgement of the complete application, or within six months of a Direction from the Patent Office to do so, whichever is the earlier If examination is not requested within five years or within five years of filing or within six months of a direction, the application will lapse. Most applicants wait for the receipt of a Direction from the Patent Office before requesting examination, but examination can be requested voluntarily at any time prior to this.