Chapter 10. Convention Details

Date Published


10.1  Introduction

Australia is a party to the Paris Convention for the Protection of Industrial Property (Convention). Under the terms of this Convention, a person who has made an application for protection of a design in a Convention country (the basic application) has the right, within six months from the date of the first application in a Convention country, to claim priority of that date in an application in respect of the same design in any other Convention country.

Australia has also made special bilateral arrangements, with a number of other countries, which have the same effect as the Convention. A list of those signatories is available at www.wipo.int.

Claiming convention priority is optional. If there are no convention details listed on the application form then the application should be taken to have passed this part of the formalities check.

Regulation 3.06 provides that a convention application may only be made by:

  • the applicant in the basic application; or
  • the applicant’s assignee; or
  • the legal personal representative of the applicant or of the applicant’s assignee.




10.2  Formalities Requirements

If any convention details are listed on the application form, or a priority document is lodged, check that the following details are on the form:

  1. The date the basic application was made in the convention country;
  2. The number of the basic application, and
  3. The country (or country code) where the basic application was made.

All of these details must be clearly stated on the application otherwise a deficiency notice should be sent.




10.3  Copies of Basic Applications

A copy of the basic application is not required in order to pass the formalities check prior to registration. If one has been filed, it can remain on file where it can be referred to if examination is requested.




10.4  Excluded and Multiple designs claiming Convention

Where an application has claimed a Convention priority and a design is excluded from this application, the priority date of the initial application is applied to the excluded application. However, where an application is amended to include multiple designs within a single application, the Convention priority does not automatically transfer to the additional designs without an express claim to retain the priority for that design.