Timing Provisions

Date Published

A Convention application must be made within 12 months from the date of the earliest basic application, unless that basic application is disregarded (see Basic Application Outside 12 Month Convention Period).

Where several applications disclosing the invention claimed in an Australian Convention application have been made in one or more Convention countries, the 12 month period within which the Convention application must be made is limited to being 12 months from the time of making the earliest of those basic applications.

Some countries have a system of protection which allows applicants to file an application with only a "provisional" specification, to which they can add a more complete specification at a later date. In this case, the 12 month period is taken from the date of the basic application (i.e. the provisional) and not from the date of any subsequently filed specifications.

See also Priority Date Issues Specific to Convention Applications.