Patent application preparation checklist (AU)
A patent application must disclose the invention clearly and claim it precisely. This checklist is for patent attorneys and IP lawyers preparing a filing at IP Australia or supporting foreign counterparts.
This is a 12-step checklist for preparing an Australian standard patent application under the Patents Act 1990 (Cth). It covers inventorship, prior art, and specification drafting.
The checklist
Identify inventors and applicant
Identify every inventor and confirm the chain of title to the applicant.
Confirm manner of manufacture
Assess whether the invention is a patentable manner of manufacture.
Conduct prior art search
Conduct a patentability search across the relevant databases and technical literature.
Assess novelty and inventive step
Assess the invention against the closest prior art for novelty and inventive step.
Check public disclosure
Identify any prior public disclosure and whether a grace period applies.
Draft technical description
Draft a clear, enabling description of the invention and best method.
Draft claims set
Draft an independent claim and cascading dependent claims with appropriate scope.
Prepare drawings
Prepare drawings that meet IP Australia formatting requirements.
Decide filing route
Decide between provisional, complete standard, PCT, or innovation patent routes.
Capture priority details
Capture earliest priority date and any convention or internal priority claims.
Request examination
Plan for request for examination and address the 5-year examination deadline.
Confirm assignment and funding
Confirm ownership is assigned to the applicant and R&D tax or grant treatment is documented.
When this checklist applies
Use when scoping a new patent filing or running a pre-filing review of a draft specification.
Common pitfalls
- Inventors omitted from the initial declaration
- Prior public disclosure before filing
- Specification does not enable the full scope of the claims
- Claims drafted too narrowly, missing commercial variants
- Priority window missed for foreign filings
Run this checklist on a real matter
Quillio can summarise prior art, compare claim sets, and check specification consistency. See /practice-areas/intellectual-property or start a free trial.
General Australian patent guidance. Patent drafting is technical work — always work with a registered patent attorney.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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