Fiing Requirements for Australia and New Zealand

Convention and Non-Convention cases

  1. Applicant details
  2. Inventor names (addresses are not needed)
  3. Copy of the specification in English
  4. Details of any priority claim
  5. Certified copy of any priority document and a certified English translation of any priority document (NZ only)
  6. If an applicant is not an inventor, how the applicant has ownership of the invention from the inventor(s).

Minimum Filing Requirements

If an English language specification is not available we can file the application in its original language and replace this with an English language version later.

For convention cases for last minute cases we can file by reference to the basic application if you cannot supply us with a specification at all.

Other Information

For Australia the certified copy of any priority document (and a verified translation if not in English) is not required unless the Australian Patent Office requests it.

For New Zealand the certified copy (and verified translation) of any priority document needs to be filed within 3 months of filing to avoid extension fees.

We would prefer to receive an electronic copy of the specification, if available, to enable making of minor pre-filing amendments.

PCT Cases

The filing requirements depend on whether the PCT application has been published or not.

Published

  1. PCT application details (i.e. front cover of PCT publication)
  2. If the PCT publication is not in English, a verified English translation of the published specification and any amendments
  3. Copy of PCT publication (for our files)
  4. Copy of any written opinion, response and the International Preliminary Examination Report (for our files)
  5. Copies of any WIPO forms confirming change of applicant details
  6. If an applicant is not an inventor, how the applicant has ownership of teh invention from the inventor(s).

Minimum Filing Requirements

If the PCT publication is in English we only require item 1 above, i.e. we can enter the National Phase without any documents, just the details of the PCT application or a copy of the front cover of the PCT publication.

If the PCT publication is not in English we also require item 2 above.

Note the verified English translation must be filed within the 31 month national phase deadline. An extension is not available as of right.

Not Published

  1. Applicant details
  2. Copy of the request documents
  3. Copy of the specification as filed or as amended, including the abstract
  4. Verified English translation of the specification and any amendments, if the specification as filed is not in English
  5. Copy of the International Search Report (if available)
  6. If an applicant is not an inventor, how the applicant has ownership of teh invention from the inventor(s).

Minimum Filing Requirements

We require items 1, 2 and 3 above if the specification was filed in English. If not filed in English we also require item 4 above.

Other Information for all PCT Cases

Both Australia and New Zealand allow 31 months from the earliest priority date for entry into the National Phase

A verified English translation of any priority document is not required unless the Patent Office requests it.

We would prefer to receive an electronic copy of the specification if available.