National Phase Australia

Australia is a member of the Patent Cooperation Treaty (PCT). The deadline for entry into the national phase in Australia is 31 months after the priority date of the PCT application.

Minimum national phase AU filing requirements:

  • PCT patent application publication number
  • If the PCT patent application is in a language other than English, an English copy of the application, certified by its translator as a true and complete translation

IP Australia may also request to complete the Australian national phase entry:

  • Verified English translation of the basic patent application
  • Notice of Entitlement (this can be prepared and signed by an Australian Patent Attorney)
  • A copy of PCT Article 19 and PCT Article 34 amendments if not published during the international phase
  • A copy of the International Preliminary Examination Report if not published during the international phase

Not required under Australian patent law for Australian national phase entry:

  • Power of Attorney
  • Declarations signed by the inventor(s)
  • Any other form that needs to be executed by the applicant or inventor