Australia PCT or Convention Patent Application

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Filing Requirements and Fees for Australian Patent Applications

Filing Australian national phase applications from international patent applications is straightforward. Unlike in other jurisdictions, there is no requirement to file a Power of Attorney or an inventor’s declaration.

1. National Phase Entry from a PCT Application

Our flat fee: AUD$1,400 (includes all government fees and charges)

1. Initial Filing Requirements:

i. PCT Application number

ii. Name and address of Applicant

iii. If the PCT Application is not in English, then an English translation accompanied by a translation verification certificate.

2. Information that we require later (within 31 months of priority date):

iv. Priority details (no extra charge)

v. Inventor details

vi. Information detailing Applicant’s entitlement to the invention

vii. Information detailing Applicant’s entitlement to claim priority

2. Filing a non-PCT patent application

Our flat fee: AUD$1,400 (includes all government fees and charges)

1. Initial Filing Requirements:

i. Complete specification in English

ii. Name and address of Applicant

2. Information that we require later (within 12 months of priority date):

iii. Priority details (no extra charge)

iv. Certified copy of priority documents

v. Inventor details

vi. Information detailing Applicant’s entitlement to the invention

vii. Information detailing Applicant’s entitlement to claim priority

Other relevant information

  • Paris Convention Deadline: 12 months
  • Patent Cooperation Treaty Deadline: 31 months (under Chapter I or Chapter II of the PCT)
  • Novelty Bar: Absolute
  • Grace Period: 12 months from disclosure by applicant