PCT NATIONAL PHASE ENTRY
Australia

Australia stands out as an appealing destination for inventors and companies seeking to commercialize their innovations. It boasts a robust and stable economy, providing a secure environment for investment and business activities. The country has highly developed and diverse market, encompassing industries such as mining, agriculture, technology, and healthcare, offers a wide range of opportunities for inventors and companies looking to bring their ideas to market. The region further supports innovation through various government initiatives and funding programs tailored specifically for entrepreneurs and inventors, such programs aim to encourage and facilitate research and development activities, providing financial support and incentives. The strategic location of Australia is also advantageous for international inventors and companies seeking to expand their presence into the Asia-Pacific region.

From an intellectual property perspective, this country has a well-established and respected patent system.  Australia joined the Patent Cooperation Treaty (PCT) on March 31, 1980. 

Major requirements and procedure to file a patent application in Australia are mentioned below:

The designated period for submitting a patent application in Australia under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority. 

In the following jurisdiction, the official language for filing patent application is English. If the international application is in a different official language, providing a translation into English is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

The deadline for submitting a patent application and submiting the translation to the national phase cannot be extended.

The essential documents required for filing a national phase application include:

• Certified copy of the priority document: to be submitted when requested by the Australian Patent Office or any third party.
• Assignment Deed: is required only when expressly requested by the Australian Patent Office.
• Verification of translation
• Power of Attorney: address for communication is necessary in this region, but representation by an agent is not required.

No exemptions in cost are granted for the patent application when entering the national phase.

To commence the examination process, a formal request must be made within five years from the international filing date. In cases where the Office issues a directive asking the applicant to request examination, this action should be taken within a two-month timeframe from the date of the Office's notice. This procedural requirement ensures timely and thorough examination of the patent application.

Patent Prosecution Highway Program under the PCT

PCT-PPH is part of various efforts to share work among patent offices. Several agreements have been made between these offices, allowing applicants to ask for quicker processing in the national phase. This means patent examiners can use work products from each other. These work products may include:

• A report with opinions from the organization that conducted the international search,
• Opinions from the organization that did the international preliminary examination, or
• A report from the international preliminary examination process in the PCT, under specific conditions.

The Australian Patent Office has established PCT-PPH agreements with:

Europe (EP): European Patent Office

Additionally, this office is a part of the IP5 Patent Prosecution Highway.

To sustain the application, a renewal fee is necessary. The first renewal fee is payable on the fourth anniversary of the international filing date. Subsequently, renewal fees are due annually on each anniversary of the international filing date. Payment can be made at any time up to the due date or, if needed, alongside an extension fee within six months from the final date. This flexibility allows for timely application maintenance and provides a window for payment along with an extension if needed.

The structured framework of the Australian Patent Term Extension (PTE) regime generously permits extensions of a substantial duration, up to five years, beyond the conventional 20-year term. This provision is exclusively applicable to patents that pertain specifically to pharmaceutical inventions.

The Global Innovation Index (GII) assesses the innovation abilities of different countries, considering around 80 indicators that fall into categories. The goal is to measure various aspects of innovation on a global scale, where Australia is placed at the 25th position out of 132 countries in the GII. tThis signifies a commendable standing in the global innovation landscape. This ranking underscores it's commitment to fostering creativity, technological advancements, and overall innovation across diverse sectors.

This distinguished nation currently holds a commendable 20th position on the global scale concerning total patent applications. Impressively, it secures the 19th spot for patent abroad applications, underlining its global influence in the realm of intellectual property. Furthermore, the nation has earned the noteworthy 16th position globally for its PCT National Phase Entries, reflecting its active engagement in the international patent system. In the broader context of the world economy, this forward-thinking nation proudly stands at an impressive 13th position, attesting to its economic prowess and influence on the global stage.