Information to assist applicants filing into Australia and New Zealand from other countries.
Australia - Patents
PCT
The deadline to enter national phase is 31 months from the earliest claimed priority date. Extensions of time are possible in limited circumstances where the delay is due to an error or omission by the applicant or their attorney, or had occurred despite all due care being taken by the applicant.
- The PCT application number, unless the PCT pamphlet was not published in English, in which case a verified translation is also required.
Convention filings
The deadline is 12 months from the earliest filing in any country. Extensions of time are possible in limited circumstances where the delay is due to an error or omission by the applicant or their attorney.
- Applicant details
- Inventor name(s)
- Specification, claims, abstract, drawings
- If priority is claimed, preferably details of the priority filing, including country, filing date and application number
We do not require a power of attorney, or a certified copy of the priority application unless requested by IP Australia.
New Zealand - Patents
PCT
The deadline to enter national phase is 31 months from the earliest claimed priority date. Restoration is possible only based upon the ’all due care’ criteria.
- The PCT application number, and applicant details, unless the PCT pamphlet was not published in English, in which case a verified translation is also required
Convention filings
The deadline is 12 months from the earliest filing in any country.
- Applicant name, address, nationality, and state / country of incorporation if a corporation
- Inventor(s) - name, address, and nationality
- Details of how the applicant derives the right to file from the inventors
- Specification, claims, abstract, drawings
- If priority is claimed, details of the priority filing, including country, filing date and application number
An authorisation of agent form is not generally required for New Zealand filings, but is required for a change of agent.
A certified copy of the priority document is required before acceptance (not required for PCT national phase unless specifically requested).
