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|Top of Notices (361) December 27, 2011||US PATENT AND TRADEMARK OFFICE||Print This Notice 1373 CNOG 2521|
|PCT, International Applications||Referenced Items (357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375)|
(361) 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 Australia. 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 1 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. [1337 OG 265]