Written by: Caleb Gilliam-Scott
IP Australia and the European Patent Office (EPO) have announced a new pilot programme under the Patent Cooperation Treaty (PCT) that will allow Australian applicants to choose the EPO as their International Searching Authority.
The pilot will commence on 01 March 2026 and run for an initial two-year term. Australian applicants will also be able to select the EPO as the International Preliminary Examining Authority if filing a demand under Chapter II of the PCT.
The pilot gives Australian applicants greater choice and may simplify entry into Europe by avoiding the need for a supplementary search. An international search conducted by the EPO can also provide earlier visibility of prospects for patentability in Europe.
This is one of several quasi-territorial expansions of the EPO’s role in recent years, as it continues to position itself as an additional forum for applicants, and serve as a delegated patent grant provider to other non-European national offices via the validation system.
