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International application process
The international (or PCT) application process
IP Australia's Role
Submitting PCT Applications
International
Search Reports
Preliminary
examination
The
national phase
Foreign
patent office requirements
IP Australia's Role
In Australia, IP Australia acts as a receiving Office (RO), International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the PCT.
Submitting PCT Applications
You can file your international application with IP Australia as either a paper based application (using IP Australia's PCT Application Kit) or an electronic application (using WIPO's PCT-SAFE software). Electronic applications prepared using PCT-SAFE are eligible for a discount (see Patent Fees for details), and can be submitted through our PCT Online service.
For a more detailed description of our PCT Online service, please refer to our PCT Online fact sheet and PCT Online User Guide.
For further information about WIPO's PCT-SAFE software please visit the WIPO website.
International search
Having filed an international application with IP Australia, you will receive
an International Search Report and a Written Opinion of an International Searching
Authority (equivalent to a written opinion under preliminary examination - see
next).
These tell
you
if
there
are
any inventions that are similar to yours and they will help you to refine your
patent
strategy.
Preliminary examination
After receiving an International Search Report and Written Opinion of an
International Searching Authority, you also have the opportunity
to ask for a non-binding preliminary examination. This provides you with an
opportunity to amend your application to overcome any problems.
The national phase
'Entering the national phase' is when you ask for your international application
to proceed separately in any or all of the countries which are party to the
PCT.
You have up to 31 months after your priority date to enter the national phase
in Australia.
You should notify IP Australia that you want the application to proceed and
pay a fee. After that, we will treat your application the same as any other
complete application.
Please note that you should check the timing requirements
of each individual country for entering the national phase in that country.
Foreign patent office requirements
Patent attorneys
can advise you of the patent requirements in other countries and can also arrange
representation in each country as required. There can be differences between
countries in the term of the patent granted, its legal effect, cost and application
procedures. Click here
to see a list of worldwide IP offices.
In countries which do not use English as an official language, all documents
must be translated into the language required by the patent office concerned.
This will add considerably to the costs involved.
Australia is party to a number of international
agreements which can reduce the complexity of applying overseas. For example,
the filing date of an Australian patent application can usually be used to establish
priority for corresponding patent applications for the same invention made overseas
within the following 12 months.
It is important to file your foreign application within 12 months of your Australian
priority date. Failure to do so could jeopardise you in obtaining patent rights
in foreign countries. This can occur, for example, through publication of your
Australian Patent application before the filing date in the foreign country.
You will need to develop an IP strategy for international
protection of your invention.
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