Overview of PCT National Phase Filings

To attempt to obtain patent protection in a given country, it is necessary to file an individual national patent application in that country. If your national patent application is connected to a previously filed Patent Cooperation Treaty (PCT) international patent application, then the national patent application is called a PCT national phase entry. For most countries, these national phase entries must be made within 30 or 31 months from the priority date of the PCT international patent application depending on the country.

Summary of Australian National Phase Filings

An Australian PCT national phase patent application must be filed with the Australian patent office which is called IP Australia. Thus, the applicant must be represented by a registered Australian patent attorney.

The minimum filing requirements for a PCT national phase patent application are:

  • Particulars of the PCT application including WIPO publication number.
  • If the PCT international 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 the following additional documents during the filing process:

  • Verified English translation of the basic application.
  • Notice of Entitlement (this can be prepared and signed by an Australian Patent Attorney).
  • Appointment of Agent.
  • Details of any amendments made during international phase.
  • A copy of the International Preliminary Examination Report if applicable.