Top of Notices   (350)  December 29, 2015

US PATENT AND TRADEMARK OFFICE

Print This Notice 1421 CNOG  2703

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)

(350)        Notice Concerning the Australian Patent Office's
            Action as an International Searching Authority and
            International Preliminary Examining Authority for
                International Applications Received by the
                United States Patent and Trademark Office

   The conditions under which the Australian Patent Office (IP Australia)
will act as an International Searching Authority (ISA) and an International
Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty
(PCT) for international applications filed with the United States Patent
and Trademark Office (USPTO) as a Receiving Office (RO/US) have changed
effective September 24, 2014. The condition that IP Australia would not act
as an ISA for applications with one or more claims directed to the fields
of business methods or mechanical engineering or analogous fields of
technology as defined by specified areas of the International Patent
Classification System has been removed. A new condition that IP Australia
has not received more than 250 international applications from the USPTO
during the relevant fiscal quarter has been added.

   This change is the result of a new "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 Application Received by the United States
Patent and Trademark Office" signed on September 24, 2014, and effective on
that date.

   Under the new Arrangement, IP Australia may act as an ISA under the PCT
for international applications filed with the RO/US provided that: (1) the
applications are submitted in the English language; (2) IP Australia has
not received more than 250 international applications from the USPTO during
the relevant fiscal quarter; and (3) IP Australia is chosen as a competent
authority by the applicants of said applications. IP Australia also will
act as an IPEA if these three requirements are met, and IP Australia acted
as the ISA.

   The USPTO will continue to collect the search fees from the applicants,
and will transmit the search fees to IP Australia. The search fee for IP
Australia acting as an ISA for international applications received by the
USPTO is $1,972 (USD) effective May 1, 2014. Any other fees necessary for
search or examination or incidental thereto will continue to be paid by
applicants directly to IP Australia.

   The newly concluded Arrangement between the USPTO and IP Australia
follows.

December 5, 2014                                            MICHELLE K. LEE
                                     Deputy Under Secretary of Commerce for
                           Intellectual Property and Deputy Director of the
                                  United States Patent and Trademark Office

                                 [1409 OG 302]