How to enter the Australian PCT National Phase

Australian National phase entry

This guide sets out the requirements for entering the PCT national phase in Australia.

Time limits

The time limit for entering the national phase in Australia is 31 months from the earliest priority date.

Translation requirements

If the PCT application is not an English, the application must be translated into English.

Furthermore, a translation certificates is required. The translation certificate is a simple document attesting to the validity of the English translation and is available on our website when configuring your Australian National phase entry.

A translation of the description, claims, any text match of the drawings and abstract is required. If the claims have been amended, only a translation of the amended claims is required.

If the PCT application is an English, a copy of the international application is only required if the Australian National phases entered early in the Australian patent office has not yet received a copy of the international application from the International bureau.

A verified translation of the priority documents is only required if specifically requested by the Australian patent office. This will only happen if the priority documents required to determine the validity of the application.

Document requirements

No power of attorney documentation as required.

It is recommended that the requisite notice of entitlement, setting out how the applicant against title to the invention from the inventors, is filed after entering the national phase, so as to maintain the pendency of the application if amendments this specification are required, especially in light of amendments in other jurisdictions.

Renewal fee

The first renewal fee is paid four years from the international filing date.

Request examination

It is recommended to request examination at the time of entering in the Australian National Phase. If examination is not requested, a direction to request examination (usually at about 48 months from the earliest priority date) will issue. Once the direction is issued, examination must be requested within two months otherwise the application will lapse.

Acceptance

If an examination report issues, the application must be in condition for acceptance within 12 months from the date of the first examination report.

Amendments

Prior to the acceptance of the application, voluntary amendment may be made to the specification to correct clerical errors and obvious mistakes. Such amendments must not result in the claiming or disclosure of new matter beyond the disclosure of the international application is filed.

Amendments may also be made after acceptance, with the further requirement that the scope the claims cannot be broadened.