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Date Published

In this part, the following terms have the definition indicated:

International application - an application filed under the PCT.

It therefore has the same meaning as in the PCT, i.e. the application need not designate Australia, nor have been given an international filing date.

PCT application - an international application in which Australia has been designated under Article 4(1)(ii) of the PCT and which has been given an international filing date.

It therefore has the same meaning as in the Patents Act.

National phase application - a PCT application in relation to which the applicant has met the necessary requirements of the Patents Act.

Where those requirements are met, further processing of the PCT application before the Australian Patent Office may occur. This processing is commonly referred to as national phase processing, hence terms such as “national phase”, “national phase application” and “entering the national phase”.

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