---
title: "Record the provisional and national-phase dates for a PCT application"
url: "https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/record-the-provisional-and-national-phase-dates-for-a-pct-application"
type: "task"
site: "AI Law Framework"
id: "A23-CO20261022-2"
practice_area: "Intellectual Property — Patents, Trade Marks, Copyright, Designs"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record the provisional and national-phase dates for a PCT application

> From the patent file the lawyer selects, record the provisional filing date if there is one, the date twelve months after that filing, the international filing date, the earliest priority date, and the date thirty-one…

Canonical page: https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/record-the-provisional-and-national-phase-dates-for-a-pct-application  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the patent file the lawyer selects, record the provisional filing date if there is one, the date twelve months after that filing, the international filing date, the earliest priority date, and the date thirty-one months after that priority date. List whether the file shows an advice that national phase is wanted, the PCT application details, an Australian address for service, a verified English translation if the application is not in English, and which national-phase fee was paid. Do not decide that a date has been missed. |
| What the lawyer must review | The lawyer decides which date is the earliest priority date and whether each requirement is met. IP Australia says that a provisional application establishes a priority date and that the international application is filed within twelve months of filing the provisional. Entering the Australian national phase may be done up to thirty-one months after the earliest priority date. National phase also requires advising IP Australia, providing details of the related PCT application, providing an Australian address for service, paying the fee of $400 if filed electronically through online services or $600 otherwise, and providing a verified English translation if the PCT application is in another language. A clear international report is not required, and not every PCT country has to be entered. The twelve-month period and the thirty-one-month period are different. The lawyer does not use one as the other. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: From the patent file the lawyer selects, record the provisional filing date if there is one, the date twelve months after that filing, the international filing date, the earliest priority date, and the date thirty-one months after that priority date. List whether the file shows an advice that national phase is wanted, the PCT application details, an Australian address for service, a verified English translation if the application is not in English, and which national-phase fee was paid. Do not decide that a date has been missed.
- What the lawyer does: The lawyer decides which date is the earliest priority date and whether each requirement is met. IP Australia says that a provisional application establishes a priority date and that the international application is filed within twelve months of filing the provisional. Entering the Australian national phase may be done up to thirty-one months after the earliest priority date. National phase also requires advising IP Australia, providing details of the related PCT application, providing an Australian address for service, paying the fee of $400 if filed electronically through online services or $600 otherwise, and providing a verified English translation if the PCT application is in another language. A clear international report is not required, and not every PCT country has to be entered. The twelve-month period and the thirty-one-month period are different. The lawyer does not use one as the other.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court or regulator classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Keep the twelve-month date, counted from the provisional filing, separate from the thirty-one-month date, counted from the earliest priority date.
2. Do not treat a clear international report as a condition of national phase. The page says it is not required.
3. Record the fee that was paid against $400 for an electronic filing through online services, or $600 otherwise.
4. If the PCT application is not in English, mark whether a verified English translation is on the file.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [IP Australia, the Patent Cooperation Treaty](https://www.ipaustralia.gov.au/international-ip/international-cooperation/the-patent-cooperation-treaty) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/record-the-provisional-and-national-phase-dates-for-a-pct-application/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*