6.4.1 Introduction

Also in this Chapter:​​​​​​​

• 6.4.2 Completion Time and Priority

• 6.4.3 Initial Processing

• 6.4.4 Search Procedure

• 6.4.5 Search Report and Advisory Opinion

• 6.4.6 Further Advisory Opinion

• 6.4.7 Final Processing

• 6.4.8 Annexes

Agreement between Australian Patent Office and Government of Fiji

An initial agreement was reached between the Australian Patent Office and the Administrator-General of the Government of Fiji in 1979, that this Office will do patent searching on behalf of the Fijian Government.

Role of the Australian Patent Office in Fijian applications

The Fijian Administrator-General may not have access to expertise to consider the results of a search of a Fijian application. In view of this fact, the Office must provide, in addition to the search, an advisory opinion on the patentability (to the extent of manner of manufacture) and novelty under Australian patent law concepts. This opinion must be comprehensive since it is assumed that no further opinion will usually be issued and that the Fijian Administrator-General has no detailed knowledge of patent law.

Under Fijian law, the Administrator-General determines whether an application is prima facie entitled to protection. If so, a provisional certificate is issued, and the application is published. In the absence of opposition, letters patent are granted. Thus, the purpose of the Australian Patent Office performing a search and giving an advisory opinion on the application is to assist the Administrator-General to make a decision on the prima facie registrability of the application.

Specification requirements

Since these searches are based on applications filed according to Fijian law, the specification is not required to contain claims. However, the specification is required to describe and ascertain the nature of the invention and the way it is performed. Drawings should also be filed to assist in elucidating the invention. 

In addition, Fijian law requires an invention to be one of:

• For a manner of new manufacture

• A new process of manufacture

• A new method of applying a known process

• Improvements in known processes

Letters patent in Fiji can only be granted for one invention. Therefore, apart from the absence of claims, the requirements of the Fijian Patents Act are similar to the requirements of the Australian Act, but not as well developed.