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8.16.2 Convention Country Status Change

Date Published

Key Legislation:

Patents Act:

  • s94 (Superseded)

Patents Regulations:

  • Schedule 4 (Superseded)

    Related Chapters: 

    • Convention Country Listing

    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 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 s94 cannot apply retrospectively.

    Amended Reasons

    Amended Reason Date Amended
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