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2.21.3.7 Patent Requests and Entitlement

Date Published

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Patent Request

Entitlement​​​​​​​


Patent Request

The patent request must set out the number, date and country of origin in respect of the basic applications upon which the Australian application is based. The country codes, as specified in WIPO Information and Documentation Standard ST.3, are an acceptable identification of any particular foreign country.

When the request indicates that a Convention application has been made, but either:

  • the application in Australia was not made within 12 months of the date of the first basic application made in respect of the invention;
  • the number, date or country of origin of the basic application identified on the patent request differ from other documents on file;
  • the applicant in Australia does not meet the definition of a "Convention applicant"; or
  • a copy of the basic specification, translation or other relevant document is not provided when required (see 2.21.3.8 Basic Specifications);

the application is not entitled to proceed as a Convention application, and examiners should object accordingly.

In response to an objection, the applicant may, as applicable:

Where the patent request does not indicate that a Convention application has been made, but other documents on file indicate that the applicant intended to invoke the Convention provisions, the applicant should be informed of the situation and allowed to make any rectifications as necessary.


Entitlement

The general provisions relating to notices of entitlement are applicable to Convention applications.  The applicant is required to make at least a generic statement that they have entitlement from an applicant of the basic applications listed in the patent request. Details of how entitlement is derived may be provided, however this is not required by the Commissioner, unless the Commissioner has information which puts the applicant’s entitlement to claim priority in doubt (see 2.6.3 Entitlement).

The notice is not required to state that the basic application was the first application made in a Convention country in respect of the invention the subject of the Australian specification.

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