General Considerations

Date Published


The Act specifies that the description, drawings, graphics, photographs and claims as contained in a PCT application (i.e. as originally filed and including any amendments under Article 19, Article 34 or Rule 91) shall be treated as the Australian complete specification.

Where the language of filing of a PCT application is other than English, a translation* must be filed for national phase entry.  This translation becomes the Australian specification for examination purposes and will be either:

For information on Article 19, Article 34 and Rule 91 amendments and translations, see Translation of Amendments.

Note: Where a translation of the PCT application is not supplied, COG will not allow the application to proceed to national phase.  However, if such a case accidentally reaches examination, it is to be returned to COG.

*Note: For translations filed before or on 25 September 2019, a certificate of verification for the translation must also be filed.

Section 102 Considerations

Where the PCT application as originally filed is in a foreign language, the filing of a translation does not alter the status of the description, drawings, graphics, photographs and claims of the original non-English PCT application as being the Australian complete specification as filed, such as for the purposes of sec 102(1) (see also Section 102(1) Examination Practice, Translations).

Micro-Organism Deposits

In relation to a deposited micro-organism, an indication in accordance with Rule 13bis.4 forms part of the description, even though that indication may be furnished separately.