Effective March 1, 2026, IP Australia and the European Patent Office (EPO) officially launched a two-year pilot program allowing Australian applicants to select the EPO as their International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for Patent Cooperation Treaty (PCT) applications.
Running through February 29, 2028, this initiative enables applicants filing via WIPO’s ePCT platform to leverage EPO examination capabilities early during the international phase—unlocking substantial cost reductions when subsequently entering the European regional phase.
Key Highlights & Strategic Financial Advantages
The IP Australia-EPO PCT pilot provides major operational and financial benefits for applicants targeting European expansion:
- 1. Up to 75% Reduction in European Phase Fees: Applicants who select the EPO as their ISA receive up to a 75% discount on supplementary search and examination fees when entering the EPO regional phase, drastically lowering downstream prosecution budgets.
- 2. Early High-Quality EPO Searching: Accesses the EPO’s extensive prior art databases and examination standards during the international PCT phase, providing applicants with early technical clarity before incurring national phase entry expenses.
- 3. Seamless Transition to European Regional Phase: Receiving an International Search Report (ISR) and Written Opinion (WO) directly from the EPO minimizes administrative friction, reduces examination cycles, and avoids redundant prior art objections upon entering the EPO.
- 4. Flexible Receiving Office (RO) Selection: Australian applicants can file their PCT applications via WIPO’s ePCT system selecting either IP Australia (RO/AU) or the International Bureau (RO/IB) as the receiving office while designating the EPO as the ISA.
Recommended Prosecution Actions for Applicants
To maximize the benefits of the IP Australia-EPO PCT pilot:
- Designate EPO as ISA on ePCT Filings: When submitting new PCT applications originating via IP Australia, select the EPO as the ISA to lock in pilot program eligibility.
- Calculate European Regional Phase Savings Early: Factor the 75% supplementary search fee discount into long-term global IP budgeting when evaluating European commercialization plans.
- Align Claim Strategies with Early EPO Reports: Utilize the initial EPO Written Opinion during the international phase to amend claims before national/regional phase entries, ensuring rapid grant timelines.
- Coordinate IPEA Designations: Note that selecting the EPO as your IPEA (Chapter II) requires having designated the EPO as your ISA during initial filing.
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