| PCT, International Applications |
Referenced Items (346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374) |
(349) Arrangement between IP Australia and the
United States Patent and Trademark Office
Concerning Action of the Australian Patent Office as an
International Searching Authority and
Preliminary Examining Authority under the
Patent Cooperation International Treaty for
Certain International Applications Received by the
United States Patent and Trademark Office
In the light of the facts that:
The United States Patent and Trademark Office (hereinafter called
"USPTO") and the Australian Patent Office (hereinafter called "IP
Australia") desire to replace the "Arrangement between IP Australia and the
United States Patent and Trademark Office Concerning Action of the
Australian Patent Office as an International Searching Authority and
Preliminary Examining Authority under the Patent Cooperation International
Treaty for Certain International Applications Received by the United States
Patent and Trademark Office" signed at Geneva on September 24, 2008 (USPTO
No. 2008-010-087), including its Annexes;
An Agreement exists between the Government of Australia and the
International Bureau of the World Intellectual Property Organization
(hereinafter called "International Bureau") in relation to the functioning
of "IP Australia" as an International Searching and International
Preliminary Examining Authority under the Patent Cooperation Treaty
(hereinafter called "the Agreement"); and
USPTO desires to have IP Australia carry out the tasks as one of the
International Searching Authorities and International Preliminary Examining
Authorities under the Patent Cooperation Treaty, and IP Australia is
willing to do so,
IP Australia and the USPTO (hereinafter also called "the participants")
have reached the following understandings:
1. (1) IP Australia intends to act as an International Searching
Authority and International Preliminary Examining Authority
under the Patent Cooperation Treaty for international
applications filed with the USPTO as Receiving Office insofar
as the following conditions are met:
(i) the applications are submitted in the English language; and
(ii) IP Australia has not received more than 250 international
applications from the USPTO during the current fiscal
quarter; and
(iii) IP Australia is chosen as a competent authority by the
applicants of said applications.
(2) Pursuant to paragraph (1) IP Australia intends to act as an
International Preliminary Examining Authority only where IP
Australia had functioned as the International Searching
Authority.
(3) The USPTO intends to inform the International Bureau, pursuant
to PCT Rules 35 and 59 that IP Australia is competent for the
searching and international preliminary examination under this
arrangement in paragraphs (1) and (2).
2. IP Australia intends to conduct the international search and
international preliminary examination pursuant to the provisions
of the Agreement between IP Australia and the International
Bureau, and intends to promptly notify the USPTO of any relevant
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US PATENT AND TRADEMARK OFFICE |
1421 CNOG 2701 |
amendment to said Agreement.
3. The language of correspondence between IP Australia and the USPTO
or the applicants is English.
4. Conduct of technical and procedural matters including transfer of
fees and exchange of documents is as specified in the Technical
document, Annex A of this arrangement.
5. IP Australia, upon request and on payment, intends to furnish the
applicants with copies of the documents cited in the international
search reports and the international preliminary examination
reports.
6. (1) The fees and charges which IP Australia is entitled to make in
relation to its function are intended to be those set out in
Annex C of the Agreement between IP Australia and the
International Bureau, depending on the version of the
Agreement in force, as represented by Annex D of the PCT
Applicant's Guide.
(2) The USPTO intends to collect the search fees from the
applicants in the U.S. Dollar (USD) amount specified in Annex
D of the PCT Applicant's Guide and intends to transfer said
amount in USD to IP Australia Official Departmental Account at
the National Australia Bank in Australia, which has been
communicated for this use.
(3) The USPTO intends to transfer the search fee to said bank
account in Australia, by the end of the next month following
the month in which the search fee is received, and intends to
promptly notify IP Australia of the international filing date,
the international application number, and the date on which
the search fee was received.
(4) Any fee for copies of documents cited in the international
search report, additional international search fee,
international preliminary examination fee, additional
preliminary examination fee, or any necessary fee for search
or preliminary examination is expected to be paid by the
applicant to IP Australia in the amount and in the currency
set out in Annex D or E of the PCT Applicant's Guide.
7. (1) This Arrangement comes into effect upon the date of last
signature.
(2) The period of the validity of this Arrangement ends on
December 31, 2017 or upon the termination of the Agreement
between IP Australia and the International Bureau if such
termination is earlier. USPTO and IP Australia intend to
extend this Arrangement by written modification upon any
renewal of the said Agreement between IP Australia and the
International Bureau.
8. This Arrangement may be modified with the written consent of both
USPTO and IP Australia.
9. (1) This Arrangement may be discontinued by either participant by
written notice addressed to the other participant.
(2) A participant should endeavour to inform the other participant
six months before providing the written notice referred to in
the preceding paragraph.
(3) IP Australia intends to act as the competent International
Searching Authority and the International Preliminary
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US PATENT AND TRADEMARK OFFICE |
1421 CNOG 2702 |
Examining Authority in accordance with this Arrangement upon
international applications insofar as these applications are
received by the USPTO within six months after the receipt of
the notice under the preceding paragraph.
10. (1) The participants intend, where relevant, to apply the
provisions under the Patent Cooperation Treaty, and the
Regulations and the Administrative Instructions under the
Treaty, to matters which are not provided for in this
Arrangement.
(2) This Arrangement does not give rise to legal obligations under
international or domestic law. IP Australia and USPTO intend
to resolve any differences which arise regarding this
arrangement amicably through consultations and negotiations.
11. Annex A forms part of this arrangement.
12. The participants understand that if there is a change regarding
the information in Section 1 (Contact Details) of Annex A, the
participant making the change intends to notify the other
participant.
13. This Arrangement replaces the "Arrangement between IP Australia
and the United States Patent and Trademark Office Concerning
Action of the Australian Patent Office as an International
Searching Authority and Preliminary Examining Authority under the
Patent Cooperation International Treaty for Certain International
Applications Received by the United States Patent and Trademark
Office", signed at Geneva September 24, 2008, including its
Annexes.
Signed [in Geneva, Swithzerland on September 24, 2014] on behalf of the
participants in two originals in English.
For United States Patent For IP Australia
and Trademark Office
MICHELLE LEE PATRICIA KELLY
Deputy Under Secretary of Commerce for Director General
Intellectual Property and IP Australia
Deputy Director of the USPTO
[1409 OG 303]