2.21.2.3 Convention Country Status Change

Note: The information in this part only applies to Convention applications filed before 15 April 2013.  For all other Convention applications, see 2.21.2.3A Convention Country Status Change.

Section 94 provides for the making of a Convention application.  Accordingly, where an application has been made in a foreign country, a Convention application can only be made if, at the time of filing an application in Australia, the foreign country was a Convention country identified in schedule 4 of the Regulations (see 2.21.2.1 Convention Country Listing). Thus, if the country of the earlier application (as stated on the patent request) was not a Convention country at the time of making the application in Australia, an objection should be taken that the (Australian) application cannot proceed as a Convention application.  A subsequent change in status of the foreign country to that of a Convention country under the Act will not overcome the objection, i.e. the benefit of sec 94 cannot apply retrospectively.