WIPO - PCT Applicant's Guide AU - 澳大利亚
澳大利亚专利局

    适用起自 2026年1月1日
    (发布 2025年11月13日)

    此版本最新变更汇总
    RO: RO fees
    ISA: ISA fees
    IPEA: IPEA fees
    变更明细列表

    Advance notice(s): Changes entering into force soon have been notified; you can already consult the changes that will be effective from 2026年3月1日.

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    Office: Australian Patent Office
    APA: Australian Patents Act
    APR: Australian Patents Regulations
    Sec.: Section of the Patents Act
    Reg.: Regulation of the Patents Regulations
    [MT] 本文档中使用的货币列表 :
    AUD (澳元), CHF (瑞士法郎), EUR (欧元), KRW (韩元), NZD (新西兰元), SGD (新加坡元), USD (美元), ZAR (南非兰特)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    细则 23bis.2(e)
    Refer to the full list.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国：
    澳大利亚
    [MT] 两个字母代码 :
    AU
    [MT] 办公室名称:
    澳大利亚专利局
    [MT] 地点：
    Discovery House
    47 Bowes Street
    Phillip
    Canberra A.C.T. 2606
    Australia
    [MT] 邮寄地址 :
    P.O. Box 200
    Woden
    A.C.T. 2606
    Australia
    [MT] 电话：
    Local
    1300 65 10 10
    International
    (61-2) 6283 2999
    [MT] 电子邮件：
    pct@ipaustralia.gov.au
    [MT] 网站地图
    [MT] 传真：
    None
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    不
    [MT] 专利局是否通过电子邮件发送国际申请通知?
    是的
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    是的
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    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/international-ip/international-cooperation
    Yes, the Office is prepared to allow applicants to make national and international applications filed in electronic form available to the WIPO DAS
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    AU,
    IB
    [MT] 国家立法是否限制向外国局提交国际申请?
    Refer to the Office
    [MT] 为本国指定的主管(或选定的)办事处:
    Refer to corresponding National Phase.
    AU
    [MT] 通过PCT 提供的保护类型:
    Patents,
    Patents of addition
    [MT] 办公室接受的付款方式:
    (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
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    Regulation 3.14A of the Patents Regulations
    [MT] 国际公布后的临时保护 :
    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)
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 发明人姓名和地址必须提供的时间:
    May be in the request or must be furnished within two months from the date of invitation
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定？
    Yes, refer to Annex L.

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    澳大利亚
    [MT] 国际申请可用语言提交:
    English
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    Same as above
    [MT] 请求书可用语言提交:
    Same as above
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    [MT] 接收局是否接受以电子形式提交国际申请?
    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
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    Yes, any format
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    是的
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    Yes, without any conditions
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    是的,
    the Office applies both the “unintentional” and the “due care” criteria to such requests
    [MT] 国际主管查询机关 :
    AU,
    KR
    [MT] 国际初步审查主管机关 :
    AU,
    KR
    Fees payable to the RO:
    [MT] 传输费用 :
    None
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    2,526 AUD
    [MT] 超过30张的每张费用:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    28 AUD
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    380 AUD
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    570 AUD
    [MT] 搜索费用:
    Refer to
    Annex D(AU)
    Annex D(KR)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    50 AUD
    [MT] 申请恢复优先权的费用 (PCT规则26之二.3(d ) ) :
    200 AUD
    [MT] 接受局是否要求代理人?
    不
    [MT] 谁可以担任代理人?
    Any person registered to practice as a patent attorney before the Office
    [MT] 委托书的放弃:
    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).
    [MT] 办公室是否已放弃提交单独授权书的要求?
    是的
    [MT] 需要另行授权的特殊情况:
    Where there is an unresolved dispute about who is the agent representing the applicant(s)
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    Where there is an unresolved dispute about who is the agent representing the applicant(s)

    [MT] 附件D - 国际查询管理局

    [MT] 下列接受局的主管国际查询机关:
    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:
    [MT] 查询费(PCT规则16 ) :
    This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.
    2,200 AUD
    1,158 CHF
    1,243 EUR
    2,075,000 KRW
    2,494 NZD
    1,878 SGD
    1,452 USD
    25,050 ZAR
    [MT] 附加查询费 (PCT规则40.2 ) :
    This fee is payable to the International Searching Authority and only in particular circumstances.
    2,200 AUD
    [MT] 国际检索报告中引用的文件副本的收费 (PCT规则44.3 ) :
    per document 50 AUD
    This fee is capped at 200 AUD
    [MT] 如何获取副本:
    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
    [MT] 国际申请档案所含文件副本的费用 (PCT规则94.1之三 ) :
    per document 50 AUD
    [MT] 抗辩费(PCT规则40.2(e) ) :
    None
    [MT] 逾期提供费 (PCT规则13之三.1(c ) ) :
    None
    [MT] 退还条件和退还的搜索费用的数额:
    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
    [MT] 国际搜索接受的语言 :
    English
    [MT] 当一项国际申请要求从本局已搜索的先前申请中获得优先权时,本局是否接受对先前查询结果的非正式评论?
    不
    [MT] 核苷酸和/或氨基酸序列列表 的物理介质类型:
    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.
    [MT] 将不会搜索的主题:
    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
    [MT] 委托书的放弃:
    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).
    [MT] 管理局是否已放弃提交单独授权书的要求？
    是的
    [MT] 需要另行授权的特殊情况:
    Where there is an unresolved dispute about who is the agent representing the applicant(s)
    [MT] 管理局是否已放弃提交一般授权书副本的要求？
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    Where there is an unresolved dispute about who is the agent representing the applicant(s)

    [MT] 附件E - 国际初步审查机构

    [MT] 国际初步审查机构 主管以下接受局 :
    AU,
    BN,
    GH,
    ID,
    IN,
    IQ,
    JM,
    JO,
    KE,
    KR,
    LR,
    MU,
    MY,
    NZ,
    OM,
    PG,
    PH,
    SG,
    TH,
    US,
    VN,
    ZA,
    ZW
    [MT] 对担任国际初步审查机构的管理机构的权限是否有任何限制?
    不
    Fees payable to the IPEA:
    [MT] 初步审查费(PCT规则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
    [MT] 额外初步审查费 (PCT规则68.3 ) :
    This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.
    590 AUD
    [MT] 处理费 (PCT规则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)).
    380 AUD
    [MT] 国际初步审查报告中引用的文件副本费用 (PCT规则71.2 ) :
    per document 50 AUD
    This fee is capped at 200 AUD
    [MT] 如何获取副本:
    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
    [MT] 国际申请档案所含文件副本的收费 (PCT规则94.2 ) :
    per document 50 AUD
    [MT] 抗辩费(PCT规则68.3(e ) ) :
    None
    [MT] 逾期提供费 (PCT规则13之三.2 ) :
    None
    [MT] 预审费退还条件和退还金额:
    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%
    [MT] 国际初步审查可接受的语言 :
    English
    [MT] 不予审查的主题事项 :
    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
    [MT] 委托书的放弃:
    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).
    [MT] 管理局是否已放弃提交单独授权书的要求？
    是的
    [MT] 需要另行授权的特殊情况:
    Where there is an unresolved dispute about who is the agent representing the applicant(s)
    [MT] 管理局是否已放弃提交一般授权书副本的要求？
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    Where there is an unresolved dispute about who is the agent representing the applicant(s)

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记：
    None
    [MT] 任何其他说明：
    At the time of filing (as part of the application)
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    To the extent available to the applicant, relevant information on the characteristics of the microorganism
    [MT] 其他资料
    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).

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(3): 31 months from the priority date
    Under PCT Article 39(1)(b): 31 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    Yes, the Office permits reinstatement of rights under the “due care” criterion.
    Fee for reinstatement
    100 AUD
    [MT] 国际申请必须翻译成以下语言之一:
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    English
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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)
    [MT] 在特殊情况下是否需要国际申请副本?
    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
    [MT] 局是否根据其国家法律 接受彩色图纸?
    Yes, without any conditions
    [MT] 国家费用 :
    [MT] 申请费用:
    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
    [MT] 免除、减少或退还费用:
    None
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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.
    [MT] 谁可以担任代理人?
    Any person registered to practice as a patent attorney before the Office
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    是的
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    Yes, the Office applies national requirements to such requests

    [MT] 国家阶段的程序

    [MT] AU.01 翻译(核对)
    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.
    [MT] AU.02 翻译(更正)
    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.
    [MT] AU.03 费用(支付方式)
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex AU.I.
    [MT] AU.04 服务地址
    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.
    [MT] AU.05 续展费
    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.
    [MT] AU.06 审查请求
    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.
    [MT] AU.07 请求审查的时限
    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.
    [MT] AU.08 申请审查的费用
    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.
    [MT] AU.09 申请被接受的时限
    APA Sec. 142(2)(e),
    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.
    [MT] AU.11 资格
    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.
    [MT] AU.12 优先权文件(翻译版)
    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.
    [MT] AU.13 申请书的修改;时限
    PCT 条约 28,
    PCT 条约 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.
    [MT] AU.14 根据PCT第25条进行的复审
    PCT 条约 25,
    PCT 细则 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.
    [MT] AU.15 会议时间限制延误的理由
    PCT 条约 24(2),
    PCT 条约 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).
    [MT] AU.17 恢复优先权
    PCT 细则 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.

    [MT] 附件 1

    [MT] 附件AU.I - 收费
    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.
    [MT] 标准专利申请
    [MT] 申请费用:
    400 AUD
    (600 AUD)
    — national phase entry of a PCT application under section 29A of the Australian Patents Act
    400 AUD
    (600 AUD)
    [MT] 申请考试费用:
    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
    [MT] 专利申请的受理费用和完整规格:
    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
    [MT] 续展费 : ( 从第4个国际申请日起,每周年应缴费 ) :
    [MT] — 关于第4周年
    300 AUD
    (350 AUD)
    [MT] — 关于第5周年
    315 AUD
    (365 AUD)
    [MT] — 关于第6周年
    345 AUD
    (395 AUD)
    [MT] — 关于第7周年
    380 AUD
    (430 AUD)
    [MT] — 关于第8周年
    420 AUD
    (470 AUD)
    [MT] — 关于第9周年
    465 AUD
    (515 AUD)
    [MT] — 关于 10 周年
    540 AUD
    (590 AUD)
    [MT] — 关于第11周年
    645 AUD
    (695 AUD)
    [MT] — 关于12周年
    780 AUD
    (830 AUD)
    [MT] — 关于第13周年
    945 AUD
    (995 AUD)
    [MT] — 关于第14周年
    1,140 AUD
    (1,190 AUD)
    [MT] — 关于15周年
    1,385 AUD
    (1,435 AUD)
    [MT] — 关于第16周年
    1,675 AUD
    (1,725 AUD)
    [MT] — 关于第17周年
    2,010 AUD
    (2,060 AUD)
    [MT] — 关于第18周年
    2,390 AUD
    (2,440 AUD)
    [MT] — 关于第19周年
    2,815 AUD
    (2,865 AUD)
    [MT] 延长期限的费用:
    [MT] (一)当事人或者其代理人或者律师有错误或者遗漏的,每个月或者部分月份。
    100 AUD
    [MT] (b) 由于有关人员无法控制的情况，申请延长时间
    100 AUD
    [MT] (c) 专员确信有关人员采取了应有的谨慎, 由情况所要求, 确保在那个时间内做的行为 - 对于每个或一个月的一部分
    100 AUD
    [MT] (四)在申请日期前缴纳的费用,在申请日期后的六个月内缴纳的费用,按照申请日期的每个月或部分月份缴纳。
    100 AUD
    [MT] 提出审查请求前或接受后自愿修改的费用
    250 AUD
    [MT] 接受后自愿修改的附加费,如拟修改的规格有20项以上的权利要求,且修改的效果是增加权利要求数量,每增加一项权利要求,应当另收费。
    250 AUD
    The complete list of national fees for the Office is in Part 2 in Schedule 7 to the Australian Patents Regulations
    [MT] 如何支付费用?
    (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
    [MT] 表格
    Please refer to the Office.
    Current version applicable from 2026年1月1日 , printed on 2026年2月17日
    2.2 #71 - 2026-02-10T18:40:34.131+01:00