Minimum filing requirements in Australia and New Zealand – Patents

PCT applications

The deadline to enter both the Australian and New Zealand national phases is 31 months after the priority date.

The following is required in order to enter the national phase in Australia:

  • Publication number of the PCT pamphlet or, if the pamphlet has not been published, a copy of the international application as filed (including the PCT Request)
  • If the PCT specification is not in English – a verified English translation of the specification, including any amendments made during the international phase (we will provide you with a suitable verification of translation form for execution by the person who translated the specification)

The following is required in order to enter the national phase in New Zealand:

  • Publication number of the PCT pamphlet or, if the pamphlet has not been published, a copy of the international application as filed (including the PCT Request)

Plus (shortly after entering the NZ national phase):

  • If the PCT specification is not in English – a Verified English translation of the specification, including any amendments made during the international phase (we will provide you with a suitable verification of translation form for execution by the person who translated the specification)
  • Address of the inventor(s)

Convention applications

The following is required in order to file a Convention application in Australia:

  • English language patent specification (description, claims, abstract and drawings)
  • Name and address of the applicant(s)
  • Name of the inventor(s)
  • Details of the priority application (number, applicant, filing date and country of filing)

The following is required in order to file a Convention application in New Zealand:

  • English language patent specification (description, claims, abstract and drawings)
  • Name, address and nationality of the applicant(s)
  • Details of the priority application (number, filing date and country of filing)
  • Name, address and nationality of the inventor(s) (can be filed later)

Notes:

The applicant does not usually need to sign any documents (e.g. powers of attorney, declarations, etc.) in Australia or New Zealand.

It is only necessary to lodge a certified copy of the priority document(s) at the Australian Patent Office or Intellectual Property Office of New Zealand if this is requested.

When requesting examination of an Australian patent application, it is necessary to make declarations 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 included in the PCT Request the relevant declarations in accordance with PCT Rule 4.17.  If not, we will need your confirmation that it is appropriate to make these declarations.

Similarly, in New Zealand it is necessary to make a declaration that the inventors are the first and true inventors of the invention.  This declaration can be made at the time of filing the application or subsequently.  We will need your confirmation that it is appropriate to make this declaration. It is also necessary to explain how the applicant obtained entitlement to the invention from the inventor(s) (e.g. by assignment or contract of employment).