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Date Published

A national phase application is taken to comply with the requirements of the Act and Regulations relating to a patent request.

Thus, there is no need for an applicant to file:

  • a patent request form;
  • a copy of the international request; or
  • any "statement of intent to proceed in the national phase". Such statements are often supplied by attorneys but have no official status.

All the information usually included in a patent request form will be found on the pamphlet front page (or original request form where the pamphlet is not available; see 2.20.9 According International Filing Dates and Article 25 Applications).  Thus, the applicant and inventor for Australia are shown on the front page at INID Codes 71 and 72 respectively (see 2.20 Annex B – Applicant and Inventor Details as Shown on PCT Pamphlet Front Page).  Priority data (where applicable) are given at INID Codes 31, 32 and 33.  Patent of addition information is mentioned at INID Code 61.

Where a patent request form is filed, and the relevant data differ from that on the front page of the pamphlet, examiners should query the difference(s) in the absence of any explanatory material on the case file, e.g. Rule 92bis notification. The applicant may subsequently rectify any differences by amendment of the patent request form under sec 104.

Where, after national phase entry, the applicant seeks to alter details normally shown in the patent request form (e.g. conversion from one type of application to another, change of name of applicant), this can be processed under sec 104. The applicant may also file a new patent request form incorporating the amendment, but this is not a formal requirement.

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