What are my ISA and IPEA options for my Patent Cooperation Treaty (PCT) application?
Before 1 March 2026, Australian PCT applicants have the choice of IP Australia or the Korean Ministry of Intellectual Property (MOIP) as their International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA).
From 1 March 2026, you will have the additional choice of the Intellectual Property of Singapore (IPOS) or the European Patent Office (EPO) as your ISA and IPEA. The option of EPO as an ISA and IPEA will be limited to a 2-year pilot in the first instance.
Note that your choice of ISA affects your options for an IPEA, as EPO and IPOS will only be an IPEA for an application if they were also the corresponding ISA.
Where should I file my PCT application if I want to choose EPO, IPOS or MOIP as my ISA and IPEA?
You should file your PCT application via WIPO's ePCT system, selecting either IP Australia or the International Bureau (RO/IB) as the receiving office(RO). No other RO can receive international applications filed by nationals or residents of Australia.
How do I choose my ISA for my PCT application?
You will be able to choose an ISA from the available options when you file via ePCT. Your PCT application will be sent to your chosen ISA and they will send you an International Search Report (ISR) and Written Opinion (WO). The ISA will aim to send these reports to you within 3 months. Note that the option to select EPO or IPOS in ePCT will only be available on or after 1 March 2026.
What language should my PCT application be filed in?
Your PCT application must be filed in English and comply with IP Australia's usual PCT filing requirements. This is the case regardless of whether you intend to choose IP Australia or another ISA option.
How much does it cost?
You will need to pay the relevant transmittal and international filing fees charged by the RO (either IP Australia or the IB). You will also need to pay the fees specified by your chosen ISA to produce an ISR and WO. Note that fees charged by ISAs may differ and may include additional fees related to factors such as the number of claims.
IP Australia's international fees are listed on our website. Search fees charged by MOIP, IPOS and EPO are listed in PCT Fee Tables. If you subsequently choose an IPEA, you will also need to pay the relevant fees charged by your chosen IPEA.
I previously used IP Australia to perform an international-type search on my application. Will I receive a partial refund of the international search fee under the PCT Rule 16.3 if I choose the EPO, IPOS or MOIP as my ISA?
No. Partial refunds under PCT Rule 16.3 are only available when IP Australia has performed an international-type search on an application and has been chosen as the ISA for the corresponding PCT application. Other ISAs do not use these preliminary search results and will charge their full international search fee.
Can I file my PCT application before 1 March 2026 and then select EPO or IPOS as my ISA on or after 1 March 2026?
No. Under PCT Rule 35, the ISA must be available as an option (competent) when you file your application.
What if I pay partial fees at filing before 1 March 2026 and complete payment after 1 March 2026?
Under PCT Rule 16bis, you have one month from the invitation to pay the balance, but your choice of ISA will still be based on your filing date, not the date your payment is completed. If you do not pay the fees in the required period, your application will be withdrawn (PCT Rule 16bis.1(e)).
I’m an Australian PCT applicant. Is there another way to choose the EPO or IPOS as my ISA before 1 March 2026?
No. Before 1 March 2026, an Australian PCT applicant will only have the option of IP Australia or MOIP as their ISA. If your PCT application includes applicants from PCT member countries other than Australia, you may be able to choose the EPO or IPOS as an ISA before this date if you file with the IB. See Direct filing of PCT applications with the International Bureau as PCT receiving Office (RO/IB).
How do world time zones affect my PCT filing date?
Your filing date and time are set by the RO's local time.
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If you choose IP Australia as the RO, your filing date will be in Canberra time (AEST/AEDT).
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If you choose the IB as the RO, your filing date will be in Geneva time (CET/CEST).
Please keep this time difference in mind when choosing your RO. If you want to select the EPO or IPOS as your ISA, you must ensure your filing date is recorded as on or after 1 March 2026 in the relevant time zone.
How do I nominate an IPEA to examine my PCT application?
If you want an international preliminary report on patentability (IPRPII) for your PCT application, you can file a demand either directly with your IPEA of choice (that is, directly with MOIP, IPOS, EPO or IP Australia) or with the IB. Note that IPOS and EPO will only examine your PCT application if you also chose them as your ISA.
In either case, you must pay the relevant fees directly to your chosen IPEA in the specified currency via an accepted method. You will receive an IPRPII from your IPEA when there are no outstanding matters or no later than 28 months from the earliest priority date.
I filed my demand with IP Australia but nominated EPO/IPOS/MOIP as the IPEA. Will my demand get to my chosen IPEA?
If you file a demand with us, but nominate another IPEA, IP Australia can forward this to your chosen IPEA. However, please note that IP Australia cannot accept IPEA fees on behalf of another IP office. These must be paid to your chosen IPEA directly in the currency specified via an accepted method. Also note that IPOS and EPO are only an available choice as an IPEA if you have used the corresponding office as your ISA.
Do I have to nominate the same IP office to be my ISA and IPEA?
We recommend choosing the same office for the international examination and international search of your PCT application (that is, one office as the ISA and IPEA) for efficiency.
Also, you can only select EPO or IPOS as an IPEA if the same office was your ISA. However, both IP Australia and MOIP may be selected as an IPEA for an Australian PCT application, even if this office was not your ISA.
How do I pay the fees for the demand when nominating EPO/IPOS/MOIP as the IPEA?
As per the PCT Rules, the relevant fees must be paid to the selected IPEA directly, using the accepted payment methods and currency. Please check the website of your chosen IPEA to determine what fees are required and how they accept payment. If you select IP Australia as your IPEA, you should pay the relevant fees in AUD through the IP Australia Online Services portal. Please note that IP Australia cannot collect IPEA fees on behalf of other IP offices.
I used MOIP/EPO/IPOS as my IPEA for my PCT application. Am I eligible for a discount when I request examination of my PCT application at Australian national phase?
No. The discounted request for examination fee is only available at Australian national phase when IP Australia was the IPEA for your PCT application. This is because IP Australia can reuse in-house international examination results but cannot necessarily re-use international examination results from another office.
If you can't find the answer to your question, you can reach out to us for help.