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|Top of Notices (382) December 25, 2018||US PATENT AND TRADEMARK OFFICE||Print This Notice 1457 CNOG 2785|
|PCT, International Applications||Referenced Items (371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405)|
(382) 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]