Top of Notices Top of Notices   (403)  December 27, 2022 US PATENT AND TRADEMARK OFFICE Print This Notice 1505 CNOG  2762 

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
Top of Notices Top of Notices   (403)  December 27, 2022 US PATENT AND TRADEMARK OFFICE 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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    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]