04 February 2026
Australian businesses looking to protect inventions in Europe will soon have a more efficient and cost-effective pathway.
From 1 March 2026, a new PCT pilot program will allow Australian patent applicants to nominate the European Patent Office (EPO) as their International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA under Chapter II).
For businesses with European ambitions, this change has practical and strategic implications that should be considered before filing.
What is changing?
Under the new pilot:
Australian inventors filing PCT applications can choose the EPO to conduct:
- the international search; and
- the international preliminary examination (if requested)
The pilot will run for an initial two-year period
Applications may be filed via:
- IP Australia; or
- WIPO as the receiving office
This is the first time Australian applicants have had direct early alignment with European patent examination standards at the PCT stage.
Why this matters commercially
1. Earlier visibility on European patent risk
EPO search reports are regarded as among the most rigorous globally. Receiving an EPO search early allows applicants to:
- assess European patentability sooner;
- refine claims strategically; and
- make informed decisions about which jurisdictions are commercially worth pursuing.
For founders, boards, and investors, this reduces uncertainty and wasted spend.
2. Faster entry into the European regional phase
Applicants who use the EPO as their ISA can avoid the supplementary European search when entering the regional phase. This typically results in:
- fewer procedural steps;
- reduced delay; and
- a more streamlined prosecution timeline in Europe.
3. Substantial cost savings
Where an applicant requests international preliminary examination under PCT Chapter II with the EPO, they may receive:
- a 75% reduction in European regional phase examination fees
For startups and SMEs, this can materially affect budgeting and filing strategy.
4. Pathway to Unitary Patent protection
If a European patent is ultimately granted, the owner may:
- validate across up to 39 EPO member states; and
- request Unitary Patent effect, providing protection across 18 EU countries via a single right.
This significantly simplifies enforcement and ongoing administration for Europe-focused businesses.
Who should be paying attention?
This update is particularly relevant for businesses that:
- expect to commercialise or license in Europe
- operate in technology-heavy sectors (software, med-tech, ag-tech, manufacturing)
- are preparing for capital raising, licensing, or acquisition
- plan to file PCT applications in 2026 or later
If Europe is even a possible future market, this pilot should be considered before your filing pathway is locked in.
Strategic caution: this is not automatic or universal
Choosing the EPO as your ISA:
- is beneficial for some inventions;
- unnecessary for others; and
- can have long-term strategic consequences once chosen.
The decision should be made with commercial objectives, not just filing mechanics, in mind.
How IP Solved can help
IP Solved works with Australian businesses to:
- structure commercially aligned patent strategies
- assess whether Europe justifies early commitment
- manage PCT filings with cost, speed, and enforceability in mind
- avoid over-investing in jurisdictions that do not support the business model
This new pilot creates opportunities — but only if used deliberately.
What you should do next
If you are planning a PCT filing in 2026, or have an invention with potential European relevance:
Speak with IP Solved before filing. Early strategic advice can materially affect cost, coverage, and commercial leverage later.
- Book a Patent Strategy Consultation with IP Solved
- Get clarity on PCT options, Europe, and Unitary Patents
- Protect the IP that actually drives your business value
