8.16.2 Convention Country Status Change

Also in this Chapter:

• 8.16.1 Convention Country Listing​​​​​​​

• 8.16.3 Basic Application Outside 12 Month Convention Period

• 8.16.4 Convention Priority Dates

Key Legislation:

Patents Act:

• s94 (Superseded)

Patents Regulations:

• Schedule 4 (Superseded)

Related Chapters: 

• 2.21.2.1 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 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 s94 cannot apply retrospectively.