Policy ID: 
74
Status: 
Legislative drafting
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

Legislative drafting 26-Mar-2018

Comments: 

Work is being undertaken to progress the proposal, which involves amendment to the Patents Regulations.

Targeted consultation is expected to occur when legislative drafting is complete.

Tag: 
Patents