The Patent Cooperation Treaty
The Patent Co-operation Treaty simplifies and streamlines the process of filing for patent protection in multiple countries by allowing an applicant to file a single international patent application.
This streamlining may also save the applicant (and his or her attorney) time, work and money in seeking a patent in multiple countries, or at least allow costs to be deferred.
The Treaty provides for the appointment of International Searching Authorities (ISA) and International Preliminary Examining Authorities (IPEA).
The original agreement appoints and provides for the functioning of the Australian Patent Office (APO) as an ISA and IPEA, allowing for the filing of ‘international applications’ for patents in Australia. The APO has been an ISA and IPEA since 31 March 1980.
ISAs and IPEAs can conduct required international searches and examinations.
The Original Agreement expired on December 31, 2007. Although an agreement to replace the Original Agreement is currently being prepared, it won’t be ready to come into force when the Original Agreement expires.
Australia and the International Bureau of WIPO (World Intellectual Property Organisation) have agreed to extend the operation of the Original Agreement to either December 31, 2008 - or until the new agreement comes into force - allowing the APO to continue operating as an ISA and IPEA without interruption.
The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) is the peak professional body representing Australian patent and trade mark attorneys.
Phone Australia: 03 9819 2004. Email: mail@ipta.org.au
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The Patent Cooperation Treaty
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