Actuate IP Group’s qualified attorneys are registered to practice in both Australia and New Zealand and provide a wealth of knowledge and experience in handling the filing, prosecution, maintenance and enforcement of patent applications in these jurisdictions and worldwide. Actuate IP Group has an extensive network of renowned overseas associates who work together to ensure your invention can be properly protected across the globe by combining the local experience of our associates with our own in-depth knowledge of our client’s intellectual property.

International PCT (Patent Co-operation Treaty) Application Process
The international PCT application provides a streamlined process for enabling patent applications to be filed overseas in multiple countries. The international application is filed through the Receiving Office of a member country of the PCT Treaty, which currently contains 139 member states, including Australia. The application is recognised as a national filing in each of the member states designated by the application and will proceed as a national application for a standard patent provided that the application enters national phase in the respective countries.
The international application provides the applicant with 18 month period to decide the countries in which they will proceed. Once an international application is filed, an international patentability search will be carried out by the Receiving Office for the invention and a written opinion will be provided, which can be very useful for the applicant to determine the chances of successfully obtaining a valid patent in various member countries.
After this 18 month period, the international application must be converted into national complete applications for a standard patent filed in each of the member countries where protection is sought. This is known as “National Phase” and occurs 30 months (in most countries) from the priority date of the application (generally the filing date of an associated provisional application). Once the application has entered national phase, the application will be treated as a standard patent and examined under national laws.

The PCT (Patent Co-operation Treaty) application process can be summarised by the following flowchart.

Filing Requirements for Entering National Phase in Australia
Please note that in Australia, we are able to sign documents on behalf of the client thus, no Power of Attorney document is required. In order or us to enter national phase in Australia we require the following documentation:

• Applicant’s details
• PCT Application Number
• Inventor’s details
• Details of applicant’s relationship to the inventor (if not the inventor)
• Verified translation of the patent specification and international search report if the PCT Application is published in a language other than English
• Copy of any other search results produced by a Patent Office

*If you would like a quotation for national phase costs please feel free to submit a request for a quotation online providing your contact details, PCT Application Number and countries of interest.

Please contact us for an initial complimentary consultation.