Patent Filing Requirements in Australia and New Zealand

Patent Filing Requirements in Australia and New Zealand

Patent applications in Australia

There are no forms in Australia which require the applicant’s signature at the time of filing.
No Power of Attorney is necessary.

To enter the National Phase in Australia from a PCT application, the following documents and particulars are needed:

  1. Details to enable us to identify the International application so that we can obtain particulars from the PCT gazette
  2. For PCT applications which have not been published by WIPO in the English language, a verified translation into English of the application including any Article 19 or 34 amendments and any non English language matter in the drawings. A suitable certificate of verification is attached. It is critical that this verified translation is available prior to the deadline for National phase entry.
  3. To allow us to complete the Notice of Entitlement (which we prepare and sign):
    i) the basis of the applicant’s entitlement to the application from the inventors (e.g. assignment, contract of employment).
    ii) if the application is a Convention application, the name of the applicant(s) of the basic application(s) and the basis of the entitlement of the applicant to claim priority from the basic application(s).
    This information, although required prior to acceptance, can be given subsequent to filing.
  4. For our records we require a copy of the request, the International Preliminary Report on Patentability and any amendments made under Article 19 or 34, and any documents under PCT Rule 92bis (change of applicant, change of name). It is not essential that these documents be in our possession before National phase entry.
  5. Certified copy of the basic application(s) for Convention applications and verified English translationsthereof are not required at the time of National phase entry. However, in some circumstances the Australian Patent Office may later require the applicant to lodge them.

The deadline for National phase entry in Australia is 31 months from the earliest priority date.

Non-PCT standard and innovation patent applications in Australia

For filing non-PCT Standard and Innovation patent applications, the following documents
and particulars are needed:

  1. To allow us to complete the Patent Request (which we prepare and sign):
    i) The Applicant’s full name and address,
    ii) The inventors full names, and
    iii) For Convention applications, the number(s), date(s) and countries of filing the basic application(s).
  2. The specification, including claims, in English language. The margins and format should be as for PCT applications.
  3. An abstract, on a separate sheet.
  4. Drawings.
  5. To allow us to complete the Notice of Entitlement (which we prepare and sign):
    i) the basis of the applicant’s entitlement to the application from the inventors (e.g. assignment, contract of employment).
    ii) if the application is a Convention application, the name of the applicant(s) of the basic application(s) and the basis of the entitlement of the applicant to claim priority from the basic application(s).
    This information, although required prior to acceptance, can be given subsequent to filing.
  6. Certified copy of the basic application(s) for Convention applications. While these may be lodged after filing of the application and prior to acceptance, it is preferred to file them as part of the initial filing.
    Translations of basic application(s) are not normally required. However, the Australian Patent Office may later require the applicant to lodge a verified translation of any basic application(s).