WIPO - PCT Applicant's Guide AU - Australia
Australian Patent Office

    IMPORTANT - This is not the current version of the document, and is only provided for reference: Go back to Current Version
    Applicable as from 1 July 2025
    (published on 27 June 2025)

    Summary of latest changes in this version
    (all changes already in force except RO fees, ISA fees and IPEA fees as from 1 July 2025)
    GENERAL INFO: Payment methods, Provisional protection after international publication
    RO: RO fees
    ISA: ISA fees, Sequence listings
    IPEA: IPEA fees
    The procedure in the national Phase: Various
    Annexes: Various
    List of changes

    All available versions

    Useful information

    The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    List of abbreviations used in this document:
    Office: Australian Patent Office
    APA: Australian Patents Act
    APR: Australian Patents Regulations
    Sec.: Section of the Patents Act
    Reg.: Regulation of the Patents Regulations
    List of currencies used in this document:
    AUD (Australian dollar), CHF (Swiss franc), EUR (Euro), KRW (Korean won), NZD (New Zealand dollar), SGD (Singapore dollar), USD (US dollar), ZAR (South African rand)
    Countries and Offices information:
    The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
    Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
    Also refer to PCT Contracting States formerly Annex A.
    Office profile
    For more technical information about the Office, refer to ePCT Office profile.
    PCT Reservations, Declarations, Notifications and Incompatibilities
    Rule 23bis.2(e)
    Refer to the full list.
    Office Closed dates
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    International Phase

    Annex B - Information on Contracting States or Intergovernmental Organization

    Contracting State:
    Australia
    Two-letter code:
    AU
    Name of Office:
    Australian Patent Office
    Location:
    Discovery House
    47 Bowes Street
    Phillip
    Canberra A.C.T. 2606
    Australia
    Mailing address:
    P.O. Box 200
    Woden
    A.C.T. 2606
    Australia
    Telephone:
    Local
    1300 65 10 10
    International
    (61-2) 622 236 26
    E-mail:
    pct@ipaustralia.gov.au
    Website:
    Facsimile:
    None
    Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
    No
    Does the Office send notifications via e-mail in respect of international applications?
    Yes
    Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
    Yes
    Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    For further details on how to request this Office to make applications available to DAS, refer to https://www.ipaustralia.gov.au/patents/applying-patent/international-application-process/applying-international-application/priority-document-access-service-das
    Yes, the Office is prepared to allow applicants to make national and international applications filed in electronic form available to the WIPO DAS
    Competent receiving Office(s) for international applications filed by nationals or residents of this State:
    AU,
    IB
    Does national legislation restrict the filing of international applications with foreign Offices?
    Refer to the Office
    Competent designated (or elected) Office(s) for this State:
    Refer to corresponding National Phase.
    AU
    Types of protection available via the PCT:
    Patents,
    Patents of addition
    Payment methods accepted by the Office:
    (i) All fees must be paid to the Australian Patent Office
    (ii) National fees must be paid by credit card, accounts for selected services, cash, cheque, money order, EFTPOS, EFT or direct debit in Australian dollars. Payments by bank transfer should be made to the following bank:
    Beneficiary’s name
    IP Australia Official Departmental Account
    Bank name
    Commonwealth Bank of Australia
    Bank Account No.
    062-900 11081457
    Bank Address
    London Circuit & Ainslie Place, Canberra, ACT 2601
    BIC/SWIFT code
    CTBAAU2S
    Availability under the national law for an international-type search (PCT Article 15):
    Regulation 3.14A of the Patents Regulations
    Provisional protection after international publication:
    The applicant enjoys the rights defined in Section 57 of the Patents Act 1990 from the date on which the international application is published under PCT Article 21 or otherwise becomes open to public inspection under Section 56A of the Patents Act 1990 and Regulation 4.4 of the Patents Regulations (the rights are generally the same as the applicant would have had if the patent had been granted on the day that the specification is published except that the applicant cannot institute proceedings for infringement until the patent has been granted)
    Information of interest if this Contracting State is designated (or elected)
    Time when the name and address of the inventor must be given:
    May be in the request or must be furnished within two months from the date of invitation
    Are there special provisions concerning the deposit of microorganisms and other biological material?
    Yes, refer to Annex L.

    Annex C - Receiving Office

    Competent receiving Office for nationals and residents of:
    Australia
    Language in which international applications may be filed:
    English
    Language accepted for language-dependent free text in the sequence listing:
    Same as above
    Language in which the request may be filed:
    Same as above
    Number of copies required by the receiving Office if application filed on paper:
    1
    Does the receiving Office accept the filing of international applications in electronic form?
    Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).
    Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
    For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 28 July 2016, pages 163 et seq., 21 July 2022, page 185 and 7 September 2023, page 174.
    Yes, the Office accepts electronic filing via ePCT-Filing
    Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?
    Yes, any format
    Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?
    Yes
    Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?
    Yes, without any conditions
    Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
    Yes,
    the Office applies both the “unintentional” and the “due care” criteria to such requests
    Competent International Searching Authority:
    AU,
    KR
    Competent International Preliminary Examining Authority:
    AU,
    KR
    Fees payable to the RO:
    Transmittal fee:
    None
    International filing fee:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    2,506 AUD
    Fee per sheet in excess of 30:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    28 AUD
    Reductions (under Schedule of Fees, item 4):
    Electronic filing (the request in character coded format):
    377 AUD
    Electronic filing (the request, description, claims and abstract in character coded format):
    565 AUD
    Search fee:
    Refer to
    Annex D(AU)
    Annex D(KR)
    Fee for priority document (PCT Rule 17.1(b)):
    50 AUD
    Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
    200 AUD
    Is an agent required by the receiving Office?
    No
    Who can act as agent?
    Any person registered to practice as a patent attorney before the Office
    Waiver of power of attorney:
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    Has the Office waived the requirement that a separate power of attorney be submitted?
    Yes
    Particular instances in which a separate power of attorney is required:
    Where there is an unresolved dispute about who is the agent representing the applicant(s)
    Has the Office waived the requirement that a copy of a general power of attorney be submitted?
    Yes
    Particular instances in which a copy of a general power of attorney is required:
    Where there is an unresolved dispute about who is the agent representing the applicant(s)

    Annex D - International Searching Authority

    International Searching Authority competent for the following Receiving Offices:
    AU,
    BN,
    GH,
    ID,
    IN,
    IQ,
    JM,
    JO,
    KE,
    KR,
    LR,
    MU,
    MY,
    NZ,
    OM,
    PG,
    PH,
    SG,
    TH,
    US,
    VN,
    ZA,
    ZW
    Fees payable to the ISA:
    Search fee (PCT Rule 16):
    This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.
    2,200 AUD
    1,168 CHF
    1,271 EUR
    2,000,000 KRW
    2,431 NZD
    1,852 SGD
    1,383 USD
    26,000 ZAR
    Additional search fee (PCT Rule 40.2):
    This fee is payable to the International Searching Authority and only in particular circumstances.
    2,200 AUD
    Fee for copies of documents cited in the international search report (PCT Rule 44.3):
    per document 50 AUD
    This fee is capped at 200 AUD
    How to obtain copies:
    The Authority provides applicants and designated (elected) Offices with a copy of each document cited in the international search report upon request, subject to the payment of the fee mentioned below
    Documents can be requested through eServices at:
    http://portal.ipaustralia.gov.au/login
    Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):
    per document 50 AUD
    Protest fee (PCT Rule 40.2(e)):
    None
    Late furnishing fee (PCT Rule 13ter.1(c)):
    None
    Conditions for refund and amount of refund of the search fee:
    Money paid by mistake, without cause, or in excess, will be refunded
    Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
    refund of 100%
    Where the Authority benefits from an earlier search, depending upon the extent of the benefit:
    refund of up to 50%
    Where the Office issues a declaration that no international search report will be established under PCT Article 17(2)(a):
    refund of 1,500 AUD
    Languages accepted for international search:
    English
    Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?
    No
    Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:
    An entire copy of the sequence listing and identifying data should be contained within one XML file (compliant with WIPO Standard ST.26) on a single standard (ISO 9660) CD-ROM, CD-R, DVD or DVD-R.
    Subject matter that will not be searched:
    The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of Australian patent law
    Waiver of power of attorney:
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    Has the Authority waived the requirement that a separate power of attorney be submitted?
    Yes
    Particular instances in which a separate power of attorney is required:
    Where there is an unresolved dispute about who is the agent representing the applicant(s)
    Has the Authority waived the requirement that a copy of a general power of attorney be submitted?
    Yes
    Particular instances in which a copy of a general power of attorney is required:
    Where there is an unresolved dispute about who is the agent representing the applicant(s)

    Annex E - International Preliminary Examining Authority

    International Preliminary Examining Authority competent for the following Receiving Offices:
    AU,
    BN,
    GH,
    ID,
    IN,
    IQ,
    JM,
    JO,
    KE,
    KR,
    LR,
    MU,
    MY,
    NZ,
    OM,
    PG,
    PH,
    SG,
    TH,
    US,
    VN,
    ZA,
    ZW
    Fees payable to the IPEA:
    Preliminary examination fee (PCT Rule 58):
    This fee is payable to the International Preliminary Examining Authority.
    590 AUD
    — Where the international search report was not issued by the Australian Patent Office
    820 AUD
    Additional preliminary examination fee (PCT Rule 68.3):
    This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.
    590 AUD
    Handling fee (PCT Rule 57.1):
    This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    377 AUD
    Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):
    per document 50 AUD
    This fee is capped at 200 AUD
    How to obtain copies:
    The Authority provides applicants and elected Offices with a copy of each document cited in the international preliminary examination report upon request, subject to the payment of the fee mentioned above
    Documents can be requested through eServices at:
    http://portal.ipaustralia.gov.au/login
    Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):
    per document 50 AUD
    Protest fee (PCT Rule 68.3(e)):
    None
    Late furnishing fee (PCT Rule 13ter.2):
    None
    Conditions for refund and amount of refund of the preliminary examination fee:
    Money paid by mistake, without cause, or in excess, will be refunded
    In the cases provided for under PCT Rule 58.3:
    refund of 100%
    If the international application or the demand is withdrawn before the start of the international preliminary examination:
    refund of 100%
    Languages accepted for international preliminary examination:
    English
    Subject matter that will not be examined:
    The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of Australian patent law
    Are there any restrictions with regard to the competence of the Authority acting as an International Preliminary Examining Authority?
    No
    Waiver of power of attorney:
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    Has the Authority waived the requirement that a separate power of attorney be submitted?
    Yes
    Particular instances in which a separate power of attorney is required:
    Where there is an unresolved dispute about who is the agent representing the applicant(s)
    Has the Authority waived the requirement that a copy of a general power of attorney be submitted?
    Yes
    Particular instances in which a copy of a general power of attorney is required:
    Where there is an unresolved dispute about who is the agent representing the applicant(s)

    Annex L - Deposits of Microorganisms and Other Biological Material

    Requirements of designated and elected Offices
    Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
    For a list of these institutions refer to:
    http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)
    Notifications related thereto may be consulted under:
    http://www.wipo.int/treaties/en/registration/budapest/
    Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
    http://www.wipo.int/budapest/en/guide/index.html
    Time (if any) earlier than 16 months from priority date by which applicant must furnish:
    — the indications prescribed in Rule 13bis.3(a)(i) to (iii):
    None
    — any additional indications:
    At the time of filing (as part of the application)
    Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
    To the extent available to the applicant, relevant information on the characteristics of the microorganism
    Additional information
    An applicant may give notice that the furnishing of a sample of a microorganism shall only be effected prior to the grant of a patent, or to the lapsing, refusal or withdrawal of an application, to a person who is a skilled addressee without an interest in the invention (Regulation 3.25A(2) of the Australian Patents Regulations). The applicant must give notice directly to the Australian Patent Office before the application is made available to the public (normally the international publication date).

    National Phase

    Summary of requirements for entry into the national phase

    Time limits applicable for entry into the national phase:
    Under PCT Article 22(3): 31 months from the priority date
    Under PCT Article 39(1)(b): 31 months from the priority date
    Does the Office permit reinstatement of rights (PCT Rule 49.6)?
    Yes, the Office permits reinstatement of rights under the “due care” criterion.
    Fee for reinstatement
    100 AUD
    Translation of international application required into (one of) the following language(s):
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    English
    Required contents of the translation for entry into the national phase:
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended), any text matter of drawings
    Under PCT Article 39(1): Description, claims, any text matter of drawings (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)
    Is a copy of the international application required in particular circumstances?
    A copy is required only if the applicant expressly requests an earlier start of the national phase under PCT Article 23(2) at a time when the applicant has not received Form PCT/IB/308 and the Office has not received a copy of the international application from the International Bureau under PCT Article 20
    Does the Office accept color drawings under its national law?
    Yes, without any conditions
    National fees:
    Filing fee:
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    For details, refer to: https://www.ipaustralia.gov.au/patents/timeframes-and-fees#fx-tabs-0-panel-0
    — Where the following preferred means for specific transactions are used: Online Services (eServices) or Business to Business (B2B).
    400 AUD
    — Where other means such as mail or at a counter are used for specific transactions.
    600 AUD
    Exemptions, reductions or refunds of fees:
    None
    Special requirements of the Office (PCT Rule 51bis):
    If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
    Name of the inventor if it has not been furnished in the “Request” part of the international application
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    Statement or notice as to the applicant’s entitlement to apply for and be granted a patent
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    Statement or notice as to the applicant’s entitlement to claim priority of the earlier application
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    Address for service in Australia or New Zealand (but no representation by an agent is required)
    Verification of translation
    A verified translation is only required upon request by the Commissioner.
    Who can act as agent?
    Any person registered to practice as a patent attorney before the Office
    Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?
    Yes
    Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
    Yes, the Office applies national requirements to such requests

    The procedure in the national Phase

    AU.01 TRANSLATION (VERIFICATION)
    APR Reg. 3.5AC(9),
    APR Reg. 3.5AF(2D),
    1.3 definition of “certificate of verification”

    A verification of the translation of the international application or of any amendments under PCT Articles 19 or 34 need only be furnished to the Office if the Commissioner specifically requires the applicant to do so. This only occurs if there is a reasonable belief that the translation into English does not accurately reflect the document in its original language. The required certificate of verification of the translation of the international application consists of a simple signed and dated statement, which can be made by any person.
    AU.02 TRANSLATION (CORRECTION)
    APR Reg. 3.5AC(8),
    APR Reg. 3.5AC(9)(a),
    APR Reg. 3.5AF(2C),
    APR Reg. 3.5AF(2D)(a)

    Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs NP 6.002 and NP 6.003). This can be done when the applicant becomes aware of an error or omission, or in response to the Commissioner requiring verification of a translation.
    AU.03 FEES (MANNER OF PAYMENT)
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex AU.I.
    AU.04 ADDRESS FOR SERVICE
    APR Reg. 3.2C(2)(a)(i)
    An applicant, irrespective of whether or not they are a national of or a resident in Australia, is not required to be represented by an agent, but they are required to have an address for service (of notices and other communications) in Australia or New Zealand. The applicant must supply such an address in order to continue proceedings before the Office. Any applicant may be represented by a patent attorney authorized to practice before the Office and the address for service should normally be that of a registered patent attorney. A list of registered patent attorneys is available at https://www.ttipattorney.gov.au/for-clients/how-to-engage-an-attorney/find-an-ip-attorney-or-firm.
    AU.05 RENEWAL FEE
    APA Sec. 142(2)(d),
    APA Sec. 143(a),
    APR Reg.13.3,
    APR Reg.13.6,
    APR Reg.22.2

    A continuation (renewal) fee must be paid to maintain the application. The first continuation fee falls due four years from the international filing date (fourth anniversary fee); thereafter a continuation fee becomes due on each anniversary of the international filing date. Payment can be made at any time up to the due date or together with the payment of a fee for extension of time, within six months from the final date. The amounts of the continuation fees and of the fees for extension of time are indicated in Annex AU.I.
    AU.06 REQUEST FOR EXAMINATION
    APA Sec. 44,
    APA Sec. 45,
    APR Reg. 3.15

    The Office will grant a standard patent only after examination as to patentability, the procedure for which is started only upon request.
    AU.07 TIME LIMIT FOR REQUESTING EXAMINATION
    APR Reg. 3.15,
    APR Reg. 3.16

    Examination must be requested within five years from the international filing date or, where the Office directs the applicant to request examination, within two months of the date of the notice of the Office to that effect.
    AU.08 FEE FOR REQUESTING EXAMINATION
    APR Reg. 22.2,
    APR Reg. 22.2C

    The request for examination is only effective if a fee for requesting examination has been paid. The amount of this fee is indicated in Annex AU.I.
    AU.09 TIME LIMIT TO HAVE AN APPLICATION ACCEPTED
    APA Sec. 142(2)€,
    APR Reg. 13.4

    An application for which an examination request has been made has to have been accepted within 12 months from the date of the first examination report.
    AU.09A EXCESS CLAIMS FEE AT FIRST EXAMINATION REPORT
    APR 22.2,
    APR 22.2EB,
    APR Schedule 7, item 203A

    An excess claims fee is payable if the application has more than 20 claims at the first examination report date. The claims for reckoning the fee are not fixed at entry into the national phase but are affected by claims added or removed by amendment of the application up to the first examination report date. If the fee is not paid within one month of the first examination report date, the application lapses. It can be restored at any time before the time limit to have the application accepted, by paying the amount of the excess claims fee, without needing to seek an extension of time. The amount of the fee and how it is reckoned is indicated in Annex AU.I.
    AU.10 ACCEPTANCE FEE INCLUDING ADJUSTING AMOUNT FOR EXCESS CLAIMS
    APR 22.2,
    APR 22.2I,
    APR Schedule 7, item 213

    A fee is required to be paid upon acceptance of the application. It can include an adjusting amount for claims added between the first examination report date and acceptance of the application. This is if the maximum number of claims at any time in that period exceeds 20 claims. If the acceptance fee is not paid within three months of the publication of the notice of acceptance, the application lapses. Restoring the application requires the applicant to obtain an extension of time to pay the acceptance fee. The amount of the fee and how it is reckoned is indicated in Annex AU.I.
    AU.11 ENTITLEMENT
    APR Reg. 3.15(2)
    All requests for examination must include a statement or notice as to the applicant’s entitlement to apply for and be granted a patent, and to claim priority of the earlier application. These requirements may be taken to have been met if the applicant includes in the request the relevant declarations in accordance with PCT Rule 4.17.
    AU.12 PRIORITY DOCUMENT (TRANSLATION)
    APA Sec. 43AA,
    APR Reg. 3.14D,
    APR Reg. 22.15A

    A verified translation into English (refer to paragraph AU.01) of any priority document need only be furnished to the Office if the Commissioner specifically requests the applicant to do so. This will only occur when the translation is necessary to determine the validity of the application.
    Verification of the translated priority document is only required to be furnished to the Office if the Commissioner specifically requires the applicant to do so. This only occurs if there is a reasonable belief that the translation into English does not accurately reflect the priority document in its original language. The required certificate of verification of the translation of the priority document consists of a simple signed and dated statement, which can be made by any person.
    AU.13 AMENDMENT OF THE APPLICATION; TIME LIMITS
    PCT Art. 28,
    PCT Art. 41,
    APA Sec. 102,
    APA Sec. 104,
    APR Chapter 10

    The applicant may make the following modifications to their application before the Office (subject, in the case of voluntary amendment, to the payment of the fee for voluntary amendments indicated in Annex AU.I):
    (i) prior to acceptance:
    — correction of clerical errors and obvious mistakes;
    — such modifications as do not result in the claiming or disclosure of new matter (beyond the disclosure of the international application as filed);
    (ii) after acceptance:
    — correction of clerical errors and obvious mistakes;
    — such modifications as do not result in the claiming or disclosure of new matter (beyond the disclosure of the international application as filed) and do not broaden the scope of the claims existing before the modifications.
    AU.14 REVIEW UNDER ARTICLE 25 OF THE PCT
    PCT Art. 25,
    PCT Rule 51,
    APA Sec. 10,
    APR Reg. 3.5AB

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 6.021 of the National Phase. Before any adverse decision is made, the applicant is always afforded the opportunity of being heard. Review of an adverse decision can be obtained from the Federal Court of Australia.
    AU.15 EXCUSE OF DELAYS IN MEETING TIME LIMITS
    PCT Art. 24(2),
    PCT Art. 48(2)

    Reference is made to paragraphs NP 6.022 to NP 6.027 of the National Phase.
    AU.16 EXTENSION OF TIME LIMITS
    APA Sec. 223,
    APR Reg. 8.3(4),
    APR Reg. 22.11

    If, due to an error or omission on the part of the applicant, their agent or attorney, or due to circumstances beyond the control of the person concerned, the applicant has failed to observe a time limit which is prejudicial to their rights, or the Commissioner is satisfied that the person took due care as required by the circumstances, to ensure the doing of the act within that time, the applicant may request the Office to extend the time limit even though that time has already expired. The request must be presented in writing, and establish the facts on which the request is based in a declaration and also must be accompanied by a fee (for the amount of the fee, refer to Annex AU.I).
    AU.17 RESTORATION OF THE RIGHT OF PRIORITY
    PCT Rule 49ter(f),
    APA Sec. 223

    A request for restoration of the right of priority will be treated under national law requirements, at the option of the applicant, as an application for an extension of time on the basis of the relevant act not being done despite due care, not being done due to circumstances beyond the control of the person concerned or because of an error or omission on the part of the person concerned or by their agent or attorney. Fees and other requirements associated with the request vary according to the criterion against which it is made. A request for restoration should be presented in writing, should indicate the criterion against which the request is made and be accompanied by the relevant fee (refer to “Fee for extension of time limit” in Annex AU.I). Preferably it should also be accompanied by a declaration setting out the circumstances and facts on which the request is based.

    Annexes

    Annex AU.I - Fees
    The first amount is applicable where the following preferred means for specific transactions are used: Online Services (https://portal.ipaustralia.gov.au/login) or Business to Business (B2B).
    The amount in parentheses is applicable where other means such as mail or at a counter are used for specific transactions.
    For details, refer to https://www.ipaustralia.gov.au/patents/timeframes-and-fees#fx-tabs-0-panel-0.
    Standard patent applications
    Filing fee:
    400 AUD
    (600 AUD)
    — national phase entry of a PCT application under section 29A of the Australian Patents Act
    400 AUD
    (600 AUD)
    Request for examination fee:
    For examination under section 45 of the Australian Patents Act (normal examination):
    (a) if the application is a PCT application for which the Australian Patent Office has issued an international preliminary examination report under PCT Article 35, other than a report under the PCT Regulations Rule 44bis.1
    350 AUD
    (b) all other applications
    550 AUD
    Excess claims at first report:
    Fee payable if there are more than 20 claims in the application at its first examination report date:
    (a) amount for each of the 21st to the 30th claims
    125 AUD
    (b) amount for each claim in excess of 30
    250 AUD
    Fee for acceptance of a patent request and complete specification:
    Minimum payable in all cases
    300 AUD
    Adjusting amount for claims added between first report and acceptance – if the maximum number of claims at any time in that period exceeds 20 claims
    (a) amount for each of the 21st to the 30th claims added
    125 AUD
    (b) amount for each claim added in excess of 30 claims
    250 AUD
    Continuation/renewal fees: (becoming payable on each anniversary of the international filing date from the 4th onwards):
    — on the 4th anniversary
    300 AUD
    (350 AUD)
    — on the 5th anniversary
    315 AUD
    (365 AUD)
    — on the 6th anniversary
    345 AUD
    (395 AUD)
    — on the 7th anniversary
    380 AUD
    (430 AUD)
    — on the 8th anniversary
    420 AUD
    (470 AUD)
    — on the 9th anniversary
    465 AUD
    (515 AUD)
    — on the 10th anniversary
    540 AUD
    (590 AUD)
    — on the 11th anniversary
    645 AUD
    (695 AUD)
    — on the 12th anniversary
    780 AUD
    (830 AUD)
    — on the 13th anniversary
    945 AUD
    (995 AUD)
    — on the 14th anniversary
    1,140 AUD
    (1,190 AUD)
    — on the 15th anniversary
    1,385 AUD
    (1,435 AUD)
    — on the 16th anniversary
    1,675 AUD
    (1,725 AUD)
    — on the 17th anniversary
    2,010 AUD
    (2,060 AUD)
    — on the 18th anniversary
    2,390 AUD
    (2,440 AUD)
    — on the 19th anniversary
    2,815 AUD
    (2,865 AUD)
    Fee for extension of time limit:
    (a) where there is an error or omission on the part of the person concerned or his agent or attorney—for each or part of a month
    100 AUD
    (b) for circumstances beyond the control of the person concerned—application for extension of time
    100 AUD
    (c) where the Commissioner is satisfied that the person concerned took due care, as required by the circumstances, to ensure the doing of the act within that time—for each or part of a month
    100 AUD
    (d) to pay continuation fee if the fee is not paid on or before the anniversary but is paid within 6 months of the anniversary—for each or part of a month for which the time is extended
    100 AUD
    Fee for voluntary amendments before request for examination is filed or after acceptance
    250 AUD
    Additional fee for voluntary amendments after acceptance, if the specification as proposed to be amended has more than 20 claims, and the effect of the amendment is to increase the number of claims, for each additional claim
    250 AUD
    The complete list of national fees for the Office is in Part 2 in Schedule 7 to the Australian Patents Regulations
    How can payment of fees be effected?
    (i) All fees must be paid to the Australian Patent Office
    (ii) National fees must be paid by credit card, accounts for selected services, cash, cheque, money order, EFTPOS, EFT or direct debit in Australian dollars. Payments by bank transfer should be made to the following bank:
    Beneficiary’s name
    IP Australia Official Departmental Account
    Bank name
    Commonwealth Bank of Australia
    Bank Account No.
    062-900 11081457
    Bank Address
    London Circuit & Ainslie Place, Canberra, ACT 2601
    BIC/SWIFT code
    CTBAAU2S
    Forms
    Please refer to the Office.
    Historical version applicable from 1 Jul 2025 , printed on 19 Oct 2025
    2.2 #31 - 2025-10-15T11:58:01.602+02:00