Citation an International Application under the PCT

Date Published

An International Application under the PCT which has designated Australia is treated as an application under the Act filed on its International Filing Date. (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 Although a designation may subsequently be withdrawn, this happens very rarely, if it all, in the case of Australia). Thus, a "whole of contents" objection can be based on such an application if the criteria of Basis of the "Whole of Contents" Objection and Priority Date Considerations have been met, even if the citation has not entered the national phase. In this situation, the citation should be referred to by its WO publication number.