Review translation requirements for PCT National Phase Entry

Policy ID: 
74
Status: 
Policy development
Priority: 
High
Issue summary: 

There has been some concerns raised that the translation requirements for PCT National Phase Entry (NPE) in Australia are confusing and place a burden on applicants. This is due to the requirement to file a translation including any pre-existing amendments under the PCT at NPE, while in some jurisdictions a translation of the original specification will suffice.

These concerns could be met by allowing that the translation filing requirements would be met by supplying a translation of the specification as filed as well as any pre-existing amendments, but with the proviso that if a translation of the amendments is not filed then these will be disregarded. This would involve amendments in the Patent Regulations and the Australian chapter of the PCT Applicant’s Guide.

History: 
Policy Development 04-Sept-2017
Comments: 
Work is being undertaken to progress the proposal, which involves amendment to the Patents Regulations.
Tag: 
Patents

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