14.8. International Convention Documents

Date Published

Under normal circumstances the International Convention documents will not be required during examination. They will only be required when, because of the priority date claimed, the application has to be cited against another application. It will then be necessary to check the specification of the Australian application against that contained in the Convention documents to confirm that the conflicting goods and/or services have been properly claimed in the Convention documents.

The owner must be informed if the goods or services claimed in the Australian application are broader than those specified in the convention claim. The owner will then need to consent to a multiple priority date endorsement stating the filing dates relevant to the claimed goods and/or services.  Examiners should note that for the purpose of checking International Convention documents the class number(s) listed on the earlier application need not be the same as the numbers listed on the Australian application. Where this occurs the class numbers may be ignored - they are not relevant, and providing the goods or services correspond the documents can be accepted.

Amended Reasons

Amended Reason Date Amended

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