National Phase in Australia and New Zealand
As Australian and New Zealand patent attorneys, we help clients file, prosecute and enforce national phase patents in Australia and New Zealand.
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Entering the national phase of your Patent Cooperation Treaty (PCT) application in Australia and New Zealand can lead to IP protection in these valuable markets. Baxter IP, a premier boutique Australian intellectual property law firm guides foreign associates and companies through the PCT national phase entry process in Australia and New Zealand.
Why Choose Australia and New Zealand for Patent Protection?
International Market Leader: Australia is home to internationally leading companies in mining (e.g. BHP, Rio Tinto), construction (CSR) and medical devices (ResMed, Cochlear, Medtronic). In recent years biotech, defense and climate-tech industries have also seen significant growth. New Zealand is home to internationally leading companies in agritech (e.g. Gallagher Group, LIC), dairy innovation (Fonterra, A2 Milk) and biotechnology (Pacific Edge, BLIS Technologies). In recent years digital technology, clean energy and pharmaceutical research industries have also seen significant growth.
Strategic Market Access: Securing patents in these markets opens doors to thriving pilot markets and wealthy consumers with a high demand for innovative technologies and products.
Gateway to Asia-Pacific: Establishing patent rights in Australia and New Zealand positions companies advantageously for expansion into the broader Asia-Pacific region.
Understanding National Phase Entry Deadlines
Australia: 31 months from the earliest priority date.
New Zealand: 31 months Securing patents in these markets opens doors to thriving pilot markets and wealthy consumers with a high demand for innovative technologies and products.
Missing these deadlines will result in the loss of patent rights in these jurisdictions.
Frequently Asked Questions
What happens if I miss the national phase entry deadline? In some cases, extensions may be available, but it's essential to act promptly. Baxter IP can advise on your options.
Can I make changes to my application during national phase entry? Yes, amendments are possible within the scope of the PCT specification prior to acceptance, including broadening amendments. Post acceptance, any amendments must be within the scope of the claims or to resolve an obvious error.
Is a Power of Attorney required? Not required in Australia but is required in New Zealand.
Is a verified translation required? Not required in Australia unless IP Australia requests it, but this is uncommon. In New Zealand a verified translation is required.
What is the timeline for requesting examination? In Australia examination must be requested within 2 months of receipt of a Direction to Request Exam or by 5 years from the filing date, whichever is sooner. In New Zealand examination must be requested within 5 years from the filing date. Any new Zealand divisional must also be examined by this date.
What are the filing requirements of national phase in Australia? Missing these deadlines will result in the loss of patent rights in these jurisdictions
PCT patent application publication number
If the PCT patent application is in a language other than English, an English copy of the application, certified by its translator as a true and complete translationIP Australia may also request to complete the Australian national phase entry:
Verified English translation of the basic patent application Notice of Entitlement (this can be prepared and signed by an Australian Patent Attorney)
A copy of PCT Article 19 and PCT Article 34 amendments if not published during the international phase
A copy of the International Preliminary Examination Report if not published during the international phase
Not required under Australian patent law for PCT Australian national phase entry
Power of Attorney
Declarations signed by the inventor(s)
Any other form that needs to be executed by the applicant or inventor
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