Provisionals as a strategic entry point
A provisional patent application is one of several options available to businesses to establish a position in the patent system in Australia and key export markets.
Taking the first step: Provisional patents
Filing a provisional patent gives applicants 12 months to decide whether to file a complete patent application. Provisional applications are not subject to substantive examination and offer no enforceable protection. However, they establish the priority date that will be used to identify prior art relevant to assessing the complete patent application, should an applicant decide to file one. Obtaining a provisional patent is not prerequisite to filing for a complete patent. A key benefit though is that applicants can disclose, make, use and sell their invention while maintaining the option to seek complete protection.
Provisional patent applications expanded sharply in 2025, representing one of the clearest structural shifts in the patent data.
Provisional filings increased from 4,343 in 2024 to 6,867 in 2025, an increase of 58.1%. As a result, as a ratio to the number of standard complete applications filed, provisional applications have nearly doubled: in 2025, around 4.4 standard complete applications were filed for each provisional, compared to 7 for each provisional in 2024.
Provisionals are overwhelmingly used by Australian residents and are closely associated with early-stage innovation. They allow applicants to secure a priority date while deferring the costs and commitment associated with full examination – flexibility that is particularly valuable for:
- startups and small and medium-sized enterprises
- individual inventors
- firms operating under technological, regulatory or market uncertainty.
The surge in provisional filings suggests that domestic innovators are increasingly using the patent system as a low-cost entry point, preserving optionality while testing commercial pathways.
Who is using the patent system – and how digital tools may be changing access
Growth in provisional filings has been accompanied by a shift in who is applying. In 2025, individual applicants accounted for close to half of all provisional filings, up from around one-third in 2024, with organisations showing a declining share.
This pattern is consistent with reduced entry costs and faster drafting and search enabled by digital tools, including artificial intelligence (AI) systems. For smaller firms and individuals, these tools can reduce initial drafting and search costs, encouraging new filers to engage with the patent system.
Consistent with this:
- the proportion of provisional applicants who are ‘new filers’ – having never filed for patents before – jumped to 63% in 2025, from around 42% over the period 2021 to 2024
- the proportion of provisional applicants who are ‘self-filers’ – applying without representation of a patent attorney – jumped to 52% in 2025, after gradually increasing from 19% to 27% over 2021 to 2024.
Increased use of automated and AI-assisted tools presents challenges for patent systems globally. These may include higher volumes of speculative filings, increased demands on examination resources, and questions around disclosure quality and inventorship.
The Australian patent system, like its international counterparts, faces a balancing task: supporting access and experimentation while maintaining system integrity and confidence. As such, these emerging trends are an important focus for ongoing analysis.