1. Summary (from entry to grant)
- You must enter the Australian national phase within 31 months from the earliest priority date.
- At entry, you effectively file a standard patent application in Australia based on your PCT text.
- If the PCT is not in English, you must provide an English translation.
- An address for service in Australia or New Zealand is mandatory (usually via a local patent attorney).
- After entry, you later:
- Request examination
- Prosecute (respond to reports, amend)
- Achieve acceptance and advertisement
- Move to grant (if uncontested).
2. Essentials at a Glance (Australia)
| Item | Details |
|---|---|
| National phase deadline | 31 months from the earliest priority date |
| Late entry / reinstatement | Possible via extension / reinstatement request in limited circumstances (error/omission; all-due-care) |
| Route | PCT → Australian standard patent (national phase entry) |
| Language | English (translation required if PCT is not in English) |
| Address for service | Mandatory in Australia or New Zealand (typically your Australian patent attorney) |
| Representation | Agent not legally compulsory, but strongly recommended for non-residents |
| Minimum to file at entry | PCT/WO number, applicant details, confirmation of claims as filed (and, if needed, English translation) |
| Power of Attorney | Formal notarised POA generally not required; standard engagement/authorization suffices in practice |
| Typical time AU entry → grant | Commonly 2–4+ years, depending on when examination is requested and complexity |
| Type of right | Standard patent (20-year term from international filing date, subject to renewals) |
3. Documents & Information Checklist
What your Australian agent will usually need to proceed with national phase entry:
- PCT application / publication number and international filing date
- Earliest priority date and details of priority applications (if not obvious from the PCT)
- Full PCT specification (description, claims, drawings, abstract)
- English translation of the PCT application and any Art. 19/34 amendments (if the PCT was not in English)
- Final set of claims to be used at entry (if different from those currently on record)
- Applicant and inventor details (names, addresses, corporate form)
- Indication of any assignments already recorded or that should be reflected
- Preferred claim strategy (keep all claims, trim to core set, or stage claim reduction later)
- Instructions on:
- Whether to enter early or close to the 31-month deadline
- Whether to align wording with other key jurisdictions already in prosecution
- Billing details and entity type (individual / SME / large company) for fee quotations
4. Official Fees at Entry (Government Fees – AUD)
These are the core official fees normally due at, or immediately with, PCT national phase entry in Australia.
| Fee item (Australia) | Amount (AUD) | When it applies / notes |
|---|---|---|
| Entry of PCT application into Australian national phase – preferred (online) | AUD 400 | Standard filing via IP Australia’s online services (most common route) |
| Entry of PCT application into Australian national phase – other approved means | AUD 600 | If filed by post or other non-preferred means |
| Reinstatement of rights for late national phase entry (PCT Rule 49.6) | AUD 100 | Payable if reinstatement is requested because the 31-month deadline was missed and conditions for reinstatement are satisfied |
Note: The table above focuses only on fees payable to commence the Australian national phase. Additional fees later in prosecution include: examination fees, excess claim fees, acceptance fees and ongoing renewal (continuation) fees. These are not due at the moment of national phase entry but should be budgeted.
5. Professional Fees
Professional fees are charged by Australian patent attorneys for handling:
- Docketing and checking PCT details and deadlines
- Advising on claim strategy for Australia
- Preparing and filing national phase entry documents and any required translations
- Setting up correspondence with IP Australia going forward
On a marketplace like iProxima, typical professional flat fees for national phase entry in Australia are often in the range of USD 1,000–2,500, depending on complexity and scope.
6. Process Steps – Practical View (Australia)
- National phase entry (by 31 months)
- Confirm the Australian filing details, pay the national phase entry fee, and (if needed) file an English translation.
- Nominate an address for service in Australia or New Zealand (usually your local patent attorney).
- Publication and formalities
- The case is aligned with the Australian system; formalities and bibliographic data are checked.
- Request examination
- Examination is not automatic. Your local attorney will advise when to request examination, taking into account your global strategy and claim set.
- Substantive examination and prosecution
- IP Australia issues examination reports (office actions) raising novelty, inventive step, clarity or support issues.
- Your attorney coordinates responses, amendments and arguments.
- Acceptance and advertisement
- Once objections are overcome, the application is accepted and advertised in the Official Journal, opening a limited opposition window.
- Grant and maintenance
- If no opposition is filed (or if opposition is resolved in your favour), the patent proceeds to grant.
- Renewal fees are payable annually to keep the patent in force up to 20 years from the international filing date (longer in some pharmaceutical cases, subject to term-extension provisions).
7. Information Foreign Counsel Should Send for a Smooth AU Entry
For foreign agents or law firms coordinating on behalf of clients:
- PCT application/publication details and priority data
- Confirmation of the final claim set to be used in Australia (and whether you want it harmonised with another lead jurisdiction)
- Any known prior art or key prosecution issues from other offices that might affect the Australian strategy
- Deadline confirmation (31-month date and any risk of late entry)
- Billing details and any internal purchase order/reference numbers
- Instructions on:
- Whether the client anticipates aggressive enforcement in Australia (affects claim breadth)
- Whether early examination is desired or if examination should be deferred
This allows an Australian firm to quote precisely and file entry with minimal back-and-forth.
8. References
You can keep this section off the public page if you prefer, but it shows where the key numbers and rules come from:
- National phase deadline and entry conditions in Australia (31 months, reinstatement):
PCT Applicant’s Guide – Australia; IP Australia manuals on national phase preliminaries. IPA Manuals - Official national phase entry fees (AUD 400/600):
IP Australia fee schedule and 2024 fee-change summary (standard application and “Entry of PCT application into national phase”). ipa - Reinstatement / extension-of-time fee (AUD 100) and general extension practice:
IP Australia guidance on patent extensions of time; PCT Applicant’s Guide – Australia (reinstatement fee). ipa - Australian patent prosecution flow (application → examination → acceptance → grant):
IP Australia “Patent cost and timings” overview. ipa - Typical filing requirements for AU national phase entry:
Practitioner guides and firm summaries on PCT national phase entry in Australia.