| PCT, International Applications |
Referenced Items (388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414) |
(403) 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:
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 the Australian Patent Office (hereinafter called "IP AUSTRALIA") as an
International Searching and International Preliminary Examining Authority
under the Patent Cooperation Treaty (hereinafter called -"the Agreement").
The United States Patent and Trademark Office (hereinafter "USPTO")
is desirous 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,
1. IP AUSTRALIA and the USPTO (hereinafter also called "both parties" or
"the parties")have reached understandings about the following mutual
arrangements:
(1) IP AUSTRALIA will 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) the applications do not contain one or more claims relating to
mechanical engineering or analogous fields of technology as
defined by the International Patent Classification classes
indicated in Annex A
and
(iii) insofar as IP AUSTRALIA is chosen as a competent authority,
where applicable, by the applicants of said applications
(2) Pursuant to paragraph (1) IP Australia will act as an International
Preliminary Examining Authority only where IP Australia had
functioned as the International Searching Authority.
(3) The USPTO will inform the International Bureau, pursuant to PCT
Rules 35 and 59 that IP Australia is competent for the searching and
international preliminary examination of the certain kinds of
international application specified under this arrangement in
paragraphs (1) and (2).
2. IP AUSTRALIA will conduct the international search and international
preliminary examination pursuant to the provisions of the Agreement between
IP AUSTRALIA and the International Bureau, and will promptly notify the
USPTO of any relevant amendment to said Agreement.
3. The language of correspondence between IP AUSTRALIA and the USPTO or the
applicants will be English.
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4. Conduct of technical and procedural matters including transfer of fees
and exchange of documents will be as specified in the Technical document,
Annex B.
5. IP AUSTRALIA, upon request and on payment, will 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 will 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 will collect the search fees from the applicants in the
U.S. dollar amount specified in Annex D of the PCT Applicant's Guide
and will transfer said amount in US Dollars (USD) to IP Australia
Official Departmental Account at the National Australia Bank in
AUSTRALIA, which has been communicated for this use.
(3) The USPTO will 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 will 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 will be
paid by the applicant to IP AUSTRALIA in the amount in the currency
set out in Annex D or E of the PCT Applicant's Guide.
7. (1) This Arrangement will come into effect on November 1, 2008.
(2) The period of the validity of this Arrangement will end upon expiry
of the Agreement between IP AUSTRALIA and the International Bureau,
and will be extended with any renewal of the said Agreement between
IP AUSTRALIA and the International Bureau.
8. This Arrangement may be amended with the written consent of both
parties.
9. (1) This Arrangement may be terminated by either party by written notice
addressed to the other party.
(2) The termination under the preceding paragraph will take effect six
months after receipt of the notice by the other party.
(3) IP AUSTRALIA will act as the competent International Searching
Authority and the International Preliminary 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) Provisions under the Patent Cooperation Treaty, and the Regulations
and the Administrative Instructions under the Treaty, where relevant, will
apply to matters which are not provided for in this Arrangement.
(2)This Arrangement is not governed by international law. Any
differences which arise between IP Australia and the USPTO about
this arrangement will be resolved peacefully by consultations and
negotiations between IP AUSTRALIA and the USPTO.
Signed in Geneva, Switzerland on behalf of the parties in two originals
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1505 CNOG 2764 |
in English, each text being equally authentic.
September 24, 2008 JON W. DUDAS
Under Secretary of Commerce
for Intellectual Property and
Director of the USPTO
PHLIP NOONAN
Director General
IP Australia
ANNEX A
Subject matter for which the Australian Patent Office is NOT a competent
International Search Authority or International Preliminary Examination
Authority for international applications filed with the RO/US by
International Patent Classification (8th edition):
A01-AGRICULTURE; FORESTRY; ANIMAL HUSBANDRY; HUNTING; TRAPPING; FISHING,
all classes except:
A01H, A01N, A01P(i.e. new plants or processes of obtaining them
thereof, Preservation of human, animals bodies or plants, biocidal,
pest repellent, pest attractant or plant growth regulatory activity of
chemical compounds or preparations)
A21-BAKING; EQUIPMENT FOR MAKING OR PROCESSING DOUGHS; DOUGHS FOR BAKING all
classes except:
A21D, (i.e. Treatment of flour or dough for baking)
A22-BUTCHERING; MEAT TREATMENT; PROCESSING POULTRY OR FISH
A23N-MACHINES OR APPARATUS FOR TREATING HARVESTED FRUIT, VEGETABLES OR
FLOWER BULBS IN BULK
A23P-SHAPING OR WORKING OF FOODSTUFFS
A24-TOBACCO; CIGARS; CIGARETTES
A41-47 PERSONAL AND DOMESTIC ARTICLES (eg. headgear (A42), footwear(A43),
haberdashery (A44))
A61-MEDICAL OR VETERINARY SCIENCE, all classes except:
A61K, A61L, A61P and A61Q (i.e. preparations for medical, dental or
toilet purposes, methods, apparatus for sterilising materials or
objects, chemical aspects of bandages, dressings, absorbent pads, or
surgical articles, therapeutic activity of chemical compounds, use of
cosmetics or similar toilet preparations)
A62-LIFE-SAVING all classes except:
A62D (i.e. chemical means for extinguishing fires, processes for making
harmful chemical substances harmless, or less harmful, by effecting a
chemical change, composition of materials for coverings or clothing for
protecting against harmful chemical agents; composition of materials
for transparent parts of gas-masks, respirators, breathing bags or
helmets; composition of chemical materials for use in breathing
apparatus)
A63-SPORTS; GAMES; AMUSEMENTS
B06-GENERATING OR TRANSMITTING MECHANICAL VIBRATIONS IN GENERAL
B21, B23-B27 all except:
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US PATENT AND TRADEMARK OFFICE |
1505 CNOG 2765 |
B23K (i.e. soldering or unsoldering; welding; cladding or plating by
soldering or welding; cutting by applying heat locally, e.g. flame
cutting; working by laser beam)
B31-MAKING PAPER ARTICLE WORKING PAPER
B60-B68 all except:
B60L, B60M and B60Q (i.e. electric equipment or propulsion of
electrically-propelled vehicles; magnetic suspension or levitation for
vehicles; electrodynamic brake systems for vehicles, in general, power
supply lines, or devices along rails, for electrically-propelled
vehicles, arrangement of signalling or lighting devices, the mounting
or supporting thereof or circuits therefor, for vehicles in general)
D01-D07 Textiles all except:
D06L, D06M, D06N, D06P, D06Q (i.e. bleaching, treatment of fabrics,
dyeing or printing textiles, decorating textiles)
E01-E06 FIXED CONSTRUCTION
E21-EARTH OR ROCK DRILLING; MINING
F01-F04 MACHINES
F15-F17 ENGINEERING ELEMENTS, ACTUATORS, STORAGE OR DISTRIBUTION OF GASES
OR LIQUIDS
F41-F42 WEAPONS, AMMUNITION
G04-HOR0LOGY
GO6-COMPUTING; Calculating; Counting
G10-MUSICAL INSTRUMENTS
G11-INFORMATION STORAGE
[1337 OG 261]