Changeflow GovPing Courts & Legal EPO Pilot for Australian Patent Applicants
Priority review Guidance Added Final

EPO Pilot for Australian Patent Applicants

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Published March 1st, 2026
Detected March 21st, 2026
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Summary

IP Australia is launching a pilot program with the European Patent Office (EPO) effective March 1, 2026. Australian patent applicants will be able to use the EPO for international searches and preliminary examinations, potentially reducing European phase examination fees.

What changed

Effective March 1, 2026, Australian patent applicants filing under the Patent Cooperation Treaty (PCT) can opt to use the European Patent Office (EPO) as their International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA). This pilot program, running for two years, aims to benefit Australian innovators by potentially reducing European phase examination fees by 75% and bypassing supplementary searches if international preliminary examination is requested with the EPO.

Compliance officers should note that if IP Australia is the Receiving Office, applications must be filed in English. Applicants selecting the EPO will need to pay fees in EUR directly to the EPO and may need to create EPO accounts. IP Australia will transfer PCT search applications to the EPO via WIPO's interoffice channel when the EPO is selected as the ISA. Further guidance and FAQs will be published before the pilot's commencement.

What to do next

  1. Review new EPO pilot arrangements for Australian PCT applicants effective March 1, 2026.
  2. Ensure English is used for PCT applications filed with IP Australia if the EPO is selected as ISA/IPEA.
  3. Prepare for direct fee payments to EPO in EUR and potential EPO account creation.

Source document (simplified)

Pilot arrangements with European Patent Office coming soon

Australian innovators to benefit from new arrangements with European Patent Office from 1 March.

Information is now available about how Australian Patent Cooperation Treaty (PCT) applicants can choose the European Patent Office (EPO) for searches and examination, from 1 March 2026.

Patent applicants filing in Australia will be able to nominate the EPO as their International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA), under the PCT.

With an EPO international search report Australian applicants can receive a 75% reduction in European phase examination fees, if they requested international preliminary examination with the EPO, and bypass the supplementary search on entry to the European phase.

Important information about EPO pilot ISA arrangements

For applicants using the EPO:

  • If you use IP Australia as the Receiving Office, you must file your application in English.
  • You will be able to select the EPO as an ISA from 1 March 2026.
  • To request an international preliminary examination report from the EPO, the EPO must have prepared the international search report. EPO will only act as the IPEA if they acted as the ISA.
  • If an applicant selects the EPO, EPO fees will apply in EUR. If they select IP Australia, our fees will apply in AUD. For up-to-date fee amounts, refer to The PCT Applicant’s Guide on the WIPO website.

What this means for applicants

  • IP Australia will continue to receive all Patent Cooperation Treaty (PCT) search applications and collect PCT international search fees from Australians. If an applicant selects the EPO as their ISA, we will transfer the application to the EPO via WIPO’s interoffice channel.
  • If you request an international exam from the EPO, you must apply, file documents and correspond with the EPO directly, including paying any fees directly to them in EUR.
  • If the EPO requires additional search fees while performing an international search as the ISA (for example, because there is more than one invention to be searched), you will need to pay the EPO directly in EUR.
  • You or your representative may need to create EPO accounts to carry out actions that require direct payment to EPO. Additional advice for Australian patent applicants, including Frequently Asked Questions, will be published before the pilot begins on 1 March 2026.

If you have any questions, contact us at PCT@ipaustralia.gov.au.

The pilot will run for 2 years. We will evaluate the pilot to decide future actions.

Published date 11 February 2026 Patents Apply Our website uses cookies to improve your experience. Learn more about how we use and collect data Accept Opt Out

Named provisions

Important information about EPO pilot ISA arrangements What this means for applicants

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
GP
Published
March 1st, 2026
Instrument
Guidance
Legal weight
Non-binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Manufacturers
Industry sector
3254 Pharmaceutical Manufacturing
Activity scope
Patent Filing International Search Preliminary Examination
Geographic scope
Australia AU

Taxonomy

Primary area
Intellectual Property
Operational domain
Legal
Topics
International Trade Patents

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