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From 1 March 2026, Australian patent applicants will have access to a significant new international filing option, with IP Australia and the European Patent Office (EPO) launching a two-year PCT pilot programme.
Under this pilot, applicants filing international (PCT) applications from Australia will be able to select the EPO as their International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA). This option has not previously been available to Australian filers.
Currently, Australian applicants filing PCT applications may nominate IP Australia or the Korean Intellectual Property Office (KIPO) as ISA and IPEA. The pilot therefore represents an important development, particularly for applicants with European commercial objectives.
Key benefits of choosing the EPO as ISA/IPEA
The EPO is widely regarded for both depth and rigour of its patent examination process. Once granted, a single European patent can provide protection across:
- 39 EPO member states, including major markets such as Germany, France, the United Kingdom, Italy, the Netherlands and Spain; and
- 7 additional extension and validation states, extending potential protection beyond the core EU.
Patents granted by the EPO may also be eligible for the Unitary Patent, which allows a single patent right to have unitary effect across 18 participating EU member states through a single registration and renewal fee. Whilst the Unitary Patent is elected after grant, early alignment with EPO standards during the PCT phase can help streamline subsequent European prosecution.
Therefore, for Australian applicants targeting Europe, early engagement with the EPO can be a strategically important step.
Electing the EPO during the international phase can offer Australian applicants several strategic advantages.
- Time and cost efficiencies: Where the EPO is selected as the ISA, applicants can bypass the supplementary search upon entry into the European regional phase. In addition, applicants who request international preliminary examination (PCT Chapter II) with the EPO as the IPEA are eligible for a 75% reduction in the European examination fee.
- High-quality international search and written opinion: The EPO is known for its thorough searches and detailed written opinions, providing valuable early insight into patentability.
- Stronger positioning for European regional phase entry: An EPO-issued International Search Report and Written Opinion can provide greater predictability against EPO examination standards, assisting with claim strategy, amendment planning and portfolio decision-making well before European regional phase entry.
Who Is eligible?
The pilot programme applies to PCT applications filed on or after 1 March 2026, where:
- the receiving office is IP Australia or the WIPO International Bureau, and
- the applicant is entitled to file via Australia.
Participation is optional. Applicants may continue to select IP Australia or KIPO as the ISA/IPEA, or elect the EPO under the pilot.
Considerations for Australian applicants
This pilot programme is likely to be particularly relevant for applicants who:
- anticipate European market entry
- are considering Unitary Patent protection post-grant
- value early, high-quality patentability assessment, or
- wish to reduce uncertainty and cost at the European regional phase.
As with all international filing strategies, the choice of ISA and IPEA should be considered alongside commercial objectives, technology area, budget and long-term enforcement plans.
How we can help
With this new pilot launching soon, now is an opportune time to review PCT and European filing strategies. We can assist in assessing whether the EPO is the right ISA/IPEA for your invention and in aligning PCT claim strategy with future European and Unitary Patent objectives.
If you would like tailored advice on how this new option may benefit your patent portfolio, please get in touch with our team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
