So you've just received an international search report on your PCT application and the searching authority has stated that all the claims are lacking in novelty.  Well, all's not lost, there are  opportunities for making amendments to an international patent application.  It's possible to make an amendment, to the claims only, under Article 19 of the Patent Cooperation Treaty prior to the publication of the international patent application.  It's also possible to lodge amendments to the claims, description and drawings with a Demand for International Preliminary Examination.  In either case your amendments must be supported by material in the international patent application as originally filed.
It's almost the deadline Don't miss the deadline, darling When all your bad dreams will come true Don't miss the deadline It's almost the deadline, darling I wouldn't want it to happen to you from the song Deadline - By Blue Oyster Cult Unlike say Canada and China, there are no particular provisions for late national phase entry into Australia.  However, the general extension of time provision (under Section 223 of the Australian Patents Act), is applicable in some circumstances.  (This post is about late national phase entry but the situation is pretty much the same for the late filing of a Convention application into Australia.) Extensions of time of twelve months (or even longer) have been granted in the past for late national phase entry into Australia .  So it is possible but it depends on the reasons why the applicant missed the initial 31 month deadline and, when they subsequently realised that they had missed it, what steps they then took.
I've recently had to request the recordal of the change of applicant details on a PCT application.  It was a straightforward situation.  I had a signed Deed of Assignment from the current applicant company to the new applicant company.  The only complication was that the national phase entry deadline was less than a month away. The first option was to submit a letter to IP Australia, which is the receiving office for this international patent application, requesting that they ask WIPO to record the change.  Because I wanted to be sure that the details of the new applicant were recorded on the WIPO database (Patentscope) before national phase entry I was concerned that lodging the request through IP Australia might add to the time taken for WIPO to receive and process the request.  The second option was to file directly with WIPO.  It is possible to do that and that's what I ended up doing.
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