Top of Notices Top of Notices   (291)  December 29, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 CNOG  2323 

PCT, International Applications Referenced Items (286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305)
(291)		      Australian Patent Office to Act as
		    International Searching Authority and
	      International Preliminary Examining Authority for
	       International Applications Received by the USPTO

   Effective November 1, 2008, the Australian Patent Office (IP Australia)
will act as an International Searching Authority (ISA) under the Patent
Cooperation Treaty for international applications filed with the United
States Patent and Trademark Office (USPTO) as a receiving Office, provided
that:  (1) the applications are submitted in the English language; (2) the
applications do not contain one or more claims relating to mechanical
engineering or analogous fields of technology as defined by certain
International Patent Classification classes; and (3) IP Australia is chosen
as a competent authority by the applicants of said applications.  IP
Australia will also act as an International Preliminary Examining Authority
if these three requirements are met, and IP Australia acted as the ISA.

   The USPTO will 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
$1,514, effective November 1, 2008.  Any other fees necessary for search or
examination or incidental thereto will be paid by applicants directly to IP

   With this addition, U.S. applicants will be able to elect the USPTO, the
European Patent Office (EPO), 1 the Korean Intellectual Property Office or
IP Australia as the ISA or IPEA.

   The concluded agreement between the USPTO and IP Australia for the
establishment of IP Australia as an International Searching Authority and
International Preliminary Examining Authority follows.

October 21, 2008					       JON W. DUDAS
					    Under Secretary of Commerce for
					          Intellectual Property and
					      Director of the United States
					        Patent and Trademark Office

 The use of the EPO is restricted, see PCT Applicant's Guide, Annexes
D(EP), E(EP), PCT Gazette No. 07/2005, page 4432 and No. 38/2006, page
19070), the EPO will not act as an ISA/IPEA for applications with one or
more claims to a business method.

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