What is a search?

Before applying for a Patent Co-operation Treaty (PCT) application, you should conduct a search across all relevant countries to see if there is anything similar in the market place which may affect the likelihood of your patent being granted.

Your invention must be kept secret until you have applied for patent protection. You can still talk to your employees, business partners or advisers about your invention, but make it clear that the information is to be kept confidential.

Searches can be conducted using online databases for patents or by an IP Professional.

How do I apply for a PCT application?

A PCT application creates an easier avenue to obtain patent protection in over 140 countries through a single Receiving Office. It is not a worldwide patent; you will still need to approach individual countries later to gain protection there. To choose Australia as a Receiving Office, at least one applicant for the invention must be a resident of Australia.

You can complete either an online or paper application form. Your application will be processed by IP Australia and you will receive a letter acknowledging receipt of your PCT application.

What Happens Next?

Generally within 3 months from filing your application, IP Australia will issue an International Search Report (ISR) and Written Opinion. These reports look for evidence of similar inventions to the one described in your application. The report examines your application based on novelty (is it new?), industrial applicability (is it useful or practical?), and the presence of an inventive step (is the difference between what is known and your invention an obvious step?).

The PCT process is administered by the International Bureau (IB) of the World Intellectual Property Organisation (WIPO). WIPO publishes the Application and, International Search Report at 18 months from the Earliest Priority Date.

What does IP Australia say about my invention?

After receiving the reports, you can file a Demand for an International Preliminary Examination. This is an optional step which will allow you to respond to the Written Opinion and make changes to your application before approaching individual countries. You must file for a Demand prior to 22 months from the Earliest Priority Date.

The International Preliminary Examination Report on Patentability will be completed within 28 months of the Earliest Priority Date, and is published by WIPO.

Which countries do I want patent protection?

You need to choose which countries you wish to continue the patent process with by 30 - 31 months from the Earliest Priority Date, the exact date varies from country to country. Each country has different criteria of assessment, laws and costs involved in the patent process.

To progress your application in Australia, you need to apply for National Phase Entry.

More information

• Learn more about the Patent Co-operation Treaty (PCT)
• Things you need to know before you apply
• Learn more about the application process