Information is now available about how Australian Patent Cooperation Treaty (PCT) applicants can choose the European Patent Office (EPO) for searches and examination, from 1 March 2026.
Patent applicants filing in Australia will be able to nominate the EPO as their International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA), under the PCT.
With an EPO international search report Australian applicants can receive a 75% reduction in European phase examination fees, if they requested international preliminary examination with the EPO, and bypass the supplementary search on entry to the European phase.
Important information about EPO pilot ISA arrangements
For applicants using the EPO:
- If you use IP Australia as the Receiving Office, you must file your application in English.
- You will be able to select the EPO as an ISA from 1 March 2026.
- To request an international preliminary examination report from the EPO, the EPO must have prepared the international search report. EPO will only act as the IPEA if they acted as the ISA.
- If an applicant selects the EPO, EPO fees will apply in EUR. If they select IP Australia, our fees will apply in AUD. For up-to-date fee amounts, refer to The PCT Applicant’s Guide on the WIPO website.
What this means for applicants
- IP Australia will continue to receive all Patent Cooperation Treaty (PCT) search applications and collect PCT international search fees from Australians. If an applicant selects the EPO as their ISA, we will transfer the application to the EPO via WIPO’s interoffice channel.
- If you request an international exam from the EPO, you must apply, file documents and correspond with the EPO directly, including paying any fees directly to them in EUR.
- If the EPO requires additional search fees while performing an international search as the ISA (for example, because there is more than one invention to be searched), you will need to pay the EPO directly in EUR.
- You or your representative may need to create EPO accounts to carry out actions that require direct payment to EPO.
Additional advice for Australian patent applicants, including Frequently Asked Questions, will be published before the pilot begins on 1 March 2026.
If you have any questions, contact us at PCT@ipaustralia.gov.au.
The pilot will run for 2 years. We will evaluate the pilot to decide future actions.