It is possible to secure a filing date without a fully completed patent application, as long as each of the following is submitted:
- 1. A indication that a patent is sought
- 2. Information identifying the applicant
- 3. A description of the invention
The requirements at 1. and 2. above can be satisfied by completing Form No. 1 .
An application made without using Form No. 1 will have to be followed by a formally completed application. Please note that no additional subject matter should be added to the application beyond that contained in the original filing.
Every application must be accompanied by the prescribed filing fee. The prescribed filing fee must be paid within one month from the date of filing. As the Office can no longer accept payment by cheque please click here for details on how payments can be made.
If a patent application does not comply with a requirement of the Act or the Rules the applicant is given an opportunity to meet that requirement within certain time limits e.g. a period of 12 months from the date of filing (or if priority has been claimed, from the date of priority) is prescribed for the filing of the claims and abstract.
The consequence of non-compliance with time limits is that the application may be refused or deemed withdrawn. Please note certain time limits are absolute.