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.
Policy Development 04-Sept-2017
Legislative drafting 26-Mar-2018
Consultation 16-Nov-18 to 21-Dec-18
Work is being undertaken to progress the proposal, which involves amendment to the Patents Regulations.
IP Australia is currently consulting on exposure draft regulations with the intention of making the regulations when the PC Response Part 2 Bill passes Parliament.