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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
Top of Notices Top of Notices   (349)  December 29, 2015 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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             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]