2.20.1 Introduction

Date Published

Note:  For information on international applications and matters prior to national phase entry, refer to Volume 1 International.

International applications which designate Australia may be processed before the Australian Patent Office with a view to the grant of a patent in Australia. Designation of all countries is automatic upon the filing of a PCT application. (Although a designation may subsequently be withdrawn, this happens very rarely, if it all, in the case of Australia). Such applications are commonly referred to as national phase applications. The national phase is the final stage of processing an international application originally filed in the receiving Office of one of the contracting states of the PCT.

A summary of issues to consider when examining national phase applications is provided in 2.20 Annex A – Examination of National Phase Applications: Indicators of Special or Different Considerations.