14 May 2025
If you've come up with a new invention and you're based in Australia, one of the first steps in protecting it is securing “patent pending” status. But what does that actually mean — and what does it give you?
Let’s break it down.
What “Patent Pending” Really Means
When you see "patent pending" on a product or in marketing material, it means that a patent application has been filed, but hasn’t been approved yet. In Australia, you get this status automatically once you file either a provisional patent or a standard patent application through IP Australia.
It doesn’t mean your invention is protected yet — but it does put others on notice that you're claiming ownership and taking legal steps to secure exclusive rights.
Why Start with a Provisional Patent?
Most inventors begin the process with a provisional application. It’s like placing a marker in the queue. This gives you what’s called a priority date — a key detail that locks in your invention’s place in time. That date becomes the benchmark against which your invention’s originality is assessed.
Once you’ve filed the provisional, you get 12 months to fine-tune your idea, test it in the market, or seek funding — all while keeping your priority date. But don’t forget: to keep that protection going, you’ll need to file a complete patent application before the 12 months is up.
What Can You Do While It’s Patent Pending?
During this phase, you have a few key advantages:
- You can market your invention and start exploring commercial deals.
- You can talk to investors or partners with more confidence, knowing your invention is already on file.
- You can develop and improve the invention before locking in the final patent claims.
But here’s the important catch: you don’t yet have legal power to stop others from copying or using your invention. That only comes once your patent is examined and formally granted.
Why It Pays to Work with a Patent Attorney
While you’re legally allowed to file on your own, patent law is complex — and small missteps can limit your protection later.
A good patent attorney doesn’t just fill out forms. They’ll help you:
- Write your application in a way that protects you from loopholes or future challenges;
- Make sure you’re claiming the right version of your invention;
- Handle the deadlines, responses, and strategy to get your patent granted.
Ready to Protect Your Innovation?
If you’re developing a new product, technology, or idea and want to secure patent pending status the smart way — we’re here to help.
At IP Solved, we specialise in making intellectual property simple and practical for Australian innovators. Whether you’re an early-stage founder, a growing business, or a seasoned R&D team, we’ll guide you through the process with clarity and confidence.
Get in touch with IP Solved today for tailored advice on filing your patent and protecting what you’ve built.
