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

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
Australia - Australian Patent Office
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
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)?
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
Australia - Australian Patent Office
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
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
Australia - Australian Patent Office
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
National Australia Bank
Bank Account No.
082-926 868711229
Bank Address
Woden Shopping Square ACT 2606
BIC/SWIFT code
NATAAU3303M
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 he would have had if the patent had been granted on the day that the specification is published except that he 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?
Yes, the Office accepts electronic filing via ePCT-Filing
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 receiving Office”)
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.
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
Australia - Australian Patent Office
KR
Republic of Korea - Korean Intellectual Property Office
Competent International Preliminary Examining Authority:
AU
Australia - Australian Patent Office
KR
Republic of Korea - Korean Intellectual Property Office
Fees payable to the receiving Office:
Transmittal fee:
200 AUD
International filing fee:
2,274 AUD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
26 AUD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
342 AUD
Electronic filing (the request, description, claims and abstract in character coded format):
513 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 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
Australia - Australian Patent Office
BN
Brunei Darussalam - Brunei Darussalam Intellectual Property Office (BruIPO)
GH
Ghana - Registrar General's Department (Ghana)
ID
Indonesia - Directorate General of Intellectual Property (Indonesia)
IN
India - Indian Patent Office
IQ
Iraq - Iraqi Patent Office (IQPO)
JM
Jamaica - Jamaica Intellectual Property Office (JIPO)
JO
Jordan - Industrial Property Protection Directorate, Ministry of Industry, Trade and Supply (Jordan)
KE
Kenya - Kenya Industrial Property Institute
KR
Republic of Korea - Korean Intellectual Property Office
LR
Liberia - Liberia Intellectual Property Office (LIPO)
MU
Mauritius - Industrial Property Office of Mauritius (IPOM)
MY
Malaysia - Intellectual Property Corporation of Malaysia
NZ
New Zealand - Intellectual Property Office of New Zealand (IPONZ)
OM
Oman - National Intellectual Property Office (Ministry of Commerce, Industry and Investment Promotion) (Oman)
PG
Papua New Guinea - Intellectual Property Office of Papua New Guinea
PH
Philippines - Intellectual Property Office of the Philippines
SG
Singapore - Intellectual Property Office of Singapore
TH
Thailand - Department of Intellectual Property (DIP) (Thailand)
US
United States of America - United States Patent and Trademark Office (USPTO)
VN
Viet Nam - Intellectual Property Office of Viet Nam (IP Viet Nam)
ZA
South Africa - Companies and Intellectual Property Commission (CIPC) (South Africa)
ZW
Zimbabwe - Zimbabwe Intellectual Property Office
Search fee (PCT Rule 16):
2,200 AUD
1,287 CHF
1,336 EUR
1,913,000 KRW
2,357 NZD
1,930 SGD
1,407 USD
26,920 ZAR
This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.
Additional search fee (PCT Rule 40.2):
2,200 AUD
This fee is payable to the International Searching Authority and only in particular circumstances.
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:
The entire printable copy of the sequence listing and identifying data should be contained within one text file (for applications with a filing date prior to 1 July 2022, WIPO Standard ST.25 applies) or one XML file (for applications filed on or after 1 July 2022, WIPO Standard ST.26 applies) 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 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
Australia - Australian Patent Office
BN
Brunei Darussalam - Brunei Darussalam Intellectual Property Office (BruIPO)
GH
Ghana - Registrar General's Department (Ghana)
ID
Indonesia - Directorate General of Intellectual Property (Indonesia)
IN
India - Indian Patent Office
IQ
Iraq - Iraqi Patent Office (IQPO)
JM
Jamaica - Jamaica Intellectual Property Office (JIPO)
JO
Jordan - Industrial Property Protection Directorate, Ministry of Industry, Trade and Supply (Jordan)
KE
Kenya - Kenya Industrial Property Institute
KR
Republic of Korea - Korean Intellectual Property Office
LR
Liberia - Liberia Intellectual Property Office (LIPO)
MU
Mauritius - Industrial Property Office of Mauritius (IPOM)
MY
Malaysia - Intellectual Property Corporation of Malaysia
NZ
New Zealand - Intellectual Property Office of New Zealand (IPONZ)
OM
Oman - National Intellectual Property Office (Ministry of Commerce, Industry and Investment Promotion) (Oman)
PG
Papua New Guinea - Intellectual Property Office of Papua New Guinea
PH
Philippines - Intellectual Property Office of the Philippines
SG
Singapore - Intellectual Property Office of Singapore
TH
Thailand - Department of Intellectual Property (DIP) (Thailand)
US
United States of America - United States Patent and Trademark Office (USPTO)
VN
Viet Nam - Intellectual Property Office of Viet Nam (IP Viet Nam)
ZA
South Africa - Companies and Intellectual Property Commission (CIPC) (South Africa)
ZW
Zimbabwe - Zimbabwe Intellectual Property Office
Preliminary examination fee (PCT Rule 58):
590 AUD
Where the international search report was not issued by the Australian Patent Office
820 AUD
This fee is payable to the International Preliminary Examining Authority.
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):
342 AUD
This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
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 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:
Notifications related thereto may be consulted under:
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
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): 1
English
Required contents of the translation for entry into the national phase: 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: 1
Where the following preferred means for specific transactions are used: Online Services (eServices) or Business to Business (B2B).
For further details, refer to:
http://www.ipaustralia.gov.au/patents/understanding-patents/time-and-costs
370 AUD
Where other means such as mail or at a counter are used for specific transactions.
For further details, refer to:
http://www.ipaustralia.gov.au/patents/understanding-patents/time-and-costs
570 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 2
Statement or notice as to the applicant’s entitlement to apply for and be granted a patent 2
Statement or notice as to the applicant’s entitlement to claim priority of the earlier application 2
Address for service in Australia or New Zealand (but no representation by an agent is required)
Verification of translation 3
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 6.002 and 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 he is a national of or a resident in Australia, is not required to be represented by an agent, but he is 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 upon request from the Office.
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.10 ACCEPTANCE FEE
APR Reg. 22.22, APR Reg. 22.2I
A fee is required to be paid upon acceptance of the application. The amount of this fee 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 his 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 6.018 to 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 6.022 to 6.027 of the National Phase.
AU.16
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, his 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 his 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, he 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 his or her 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
Standard patent applications
Filing fee:
370 AUD 4
570 AUD 5
— national phase entry of a PCT application under paragraph 89(398b) of the Australian Patents Act
370 AUD 4
570 AUD 5
Request for examination fee:
(a) for examination under section 45 of the Australian Patents Act (normal examination):
(i) if the application is a PCT application for which the Australian Patent Office has issued an international preliminary examination report under PCT Article 35
300 AUD
(ii) all other applications
490 AUD
Fee for acceptance of a patent request and complete specification:
(a) for acceptance
250 AUD
(b) if more than 20 claims are contained in the specification at acceptance, for each claim in excess of 20 (but equal to or less than 30)
125 AUD
(c) if more than 30 claims are contained in the specification at acceptance, for each claim in excess of 30
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 4
350 AUD 5
— on the 5th anniversary
315 AUD 4
365 AUD 5
— on the 6th anniversary
335 AUD 4
385 AUD 5
— on the 7th anniversary
360 AUD 4
410 AUD 5
— on the 8th anniversary
390 AUD 4
440 AUD 5
— on the 9th anniversary
425 AUD 4
475 AUD 5
— on the 10th anniversary
490 AUD 4
540 AUD 5
— on the 11th anniversary
585 AUD 4
635 AUD 5
— on the 12th anniversary
710 AUD 4
760 AUD 5
— on the 13th anniversary
865 AUD 4
915 AUD 5
— on the 14th anniversary
1,050 AUD 4
1,100 AUD 4
— on the 15th anniversary
1,280 AUD 4
1,330 AUD 5
— on the 16th anniversary
1,555 AUD 4
1,605 AUD 5
— on the 17th anniversary
1,875 AUD 4
1,925 AUD 5
— on the 18th anniversary
2,240 AUD 4
2,290 AUD 5
— on the 19th anniversary
2,650 AUD 4
2,700 AUD 5
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
National Australia Bank
Bank Account No.
082-926 868711229
Bank Address
Woden Shopping Square ACT 2606
BIC/SWIFT code
NATAAU3303M
Forms
Please refer to the office.
Notes:
1 a b c Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
2 a b c This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
3 a A verified translation is only required upon request by the Commissioner.
4 a b c d e f g h i j k l m n o p q r s This fee is applicable where the following preferred means for specific transactions are used: Online Services (eServices) or Business to Business (B2B). For further details, refer to http://www.ipaustralia.gov.au/patents/understanding-patents/time-and-costs
5 a b c d e f g h i j k l m n o p q This fee is applicable where other means such as mail or at a counter are used for specific transactions. For further details, refer to http://www.ipaustralia.gov.au/patents/understanding-patents/time-and-costs
Current version applicable from 18 Apr 2024 , printed on 29 May 2024