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2.20.9 According International Filing Dates and Article 25 Applications

Date Published

Where an international application designating Australia is accorded an international filing date, a PCT application will result. Where an international filing date is not accorded by the receiving Office, the application is taken to be withdrawn. However, such an application may still be considered to be a PCT application in spite of this by virtue of sec 10.

A variety of defects may result in an application not being accorded an international filing date by the receiving Office, such as Article 11 defects and/or Article 14 defects.

The International Bureau (IB) will consider the international application to be withdrawn under Article 12(3) if a record copy (i.e. a true copy) of the international application has not been received by the IB within the prescribed time limit. However, the application will nevertheless have an international filing date accorded by the receiving Office (provided it fulfilled the requirements of Article 11(1)(i) to (iii)).

Upon receipt of a declaration from the receiving Office of non-accordance of a filing date, or a notification from the IB that the international application is considered withdrawn under Article 12(3), applicants may request the IB to send copies of any document on file to any of the designated Offices that they name by virtue of Article 25(1)(a).

Where Australia is one of the named designated Offices, COG will create an Ecase file for the documents provided by the IB, allocate a 10 figure Australian application number and ask the relevant Assistant General Manager to review the case.


  • a refusal to accord an international filing date by the receiving Office; or
  • a declaration that the international application is withdrawn by the receiving Office; or
  • a finding by the IB leading to the international application being withdrawn;

was a result of an error or omission on the part of the receiving Office or IB, Article 25(2)(a) directs the designated Offices to treat the international application as if such an error or omission had not occurred.

The provisions of the Regulations enable Australia, as a designated Office, to decide on the matter of error or omission on the part of the receiving Office or IB. Accordingly, if the Assistant General Manager finds that such an error or omission:

Has Occurred

  • Provided the prescribed fees have been paid and a verified translation (if required) has been filed, the Assistant General Manager will direct that the application be treated as a PCT application.

  • The format of the documents will be different from the usual PCT application, as there will be no published pamphlet (and therefore no front page containing all the bibliographic details) and no ISR. Instead, the file will contain a copy of the international application including the original request form, together with a translation if required. Examination should be carried out in accordance with the procedures outlined in 2.20.7 National Examination Where the ISR is Missing (however see also National Phase Preliminaries).

  • In the situation where the receiving Office did not accord an international filing date, the application will be given the international filing date it should have been given under the PCT by virtue of sec 10 (see also Article 11).

  • The application will become OPI.

Has Not Occurred

COG will ask the applicant whether the application is to proceed as an ordinary national application, in which case:

  • The benefit of an international filing date will not be accorded the application.

  • The filing date is the date of receipt in Australia of the documents provided under Article 25(1)(a).

  • The application will follow the usual national application procedures, i.e. all filing, indexing and examination requirements apply.

  • Time constraints will almost certainly preclude the issue of any direction to the applicant to take any necessary action to ensure the application complies with requirements prescribed by the Regulations.

  • The application will become OPI.  

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