Participating Offices

Australia

Title:IP Australia
Depositing Office:
  • National industrial design applications
  • National patent applications
  • PCT international applications filed with the office as a PCT receiving office
  • Trademark applications
Depositing Office since:December 12, 2009
Accessing Office:
  • Hague International applications
  • National industrial design applications
  • National patent applications
  • Trademark applications
Accessing Office since:December 12, 2009

Notifications

Date: September 6, 2019

IP Australia notified the International Bureau in accordance with paragraphs 10 and 12 of the Framework Provisions for the DAS for Priority Documents, that it would extend the scope of the DAS digital library of IP Australia to include trademarks and industrial designs with effect from November 1, 2019.

Technical arrangements

  • All documents and information will be exchanged via Route D – PCT Electronic Data Interchange (EDI) in accordance with WIPO’s DAS Architecture.

In IP Australia’s capacity as a depositing office and on request, IP Australia will deposit the following as priority documents via the DAS: certified copies of national patent applications; PCT international applications filed with the office as PCT receiving office; and trademark and industrial design applications.

In IP Australia’s capacity as an accessing office, IP Australia will retrieve the following priority documents via the DAS: certified copies of national patent, trademark and industrial design applications.


Date: May 8, 2013

IP Australia notified the International Bureau in accordance with paragraphs 10 and 12 of the modified Framework Provisions that came into effect on July 1, 2012, that it would accept requests from applicants to register PCT (RO/AU) applications as certified priority documents in DAS with effect from May 8, 2013.


Date: December 8, 2009

IP Australia notified the International Bureau in accordance with paragraphs 10 and 12 of the Framework Provisions that it would commence operation as both a depositing office and an accessing office with effect from 12 December 2009.

The legal basis for recognition of priority documents made available through the service has been established by amendments to the Patents Regulations 1991 as made by the Intellectual Property Legislation Amendment Regulations 2008 (No.1) and Intellectual Property Legislation Amendment Regulations 2009 (No.2). Regulations 1.6A and 8.6A in particular provide for legal recognition of a document made available to the Commissioner through an approved digital library.

Following consultation with the Consultative Group and designation by the International Bureau with effect from 12 December 2009, the scope of the Office’s participating digital library which it makes available as a depositing office is all national patent applications filed at the office which the applicant specifically requests be made available to the service

As an accessing office, the Office will recognise priority documents available to it through the service for the purposes of any application for which the time for furnishing the priority document has not expired by 12 December 2009.

Technical arrangements

  • All documents and information will be exchanged over PCT EDI in accordance with WIPO’s DAS Architecture: Document Exchange and Dataflow document, as well as the sending of over sized documents on CD or DVD.

  • As a depositing Office, the Office has adopted Route A from the alternative entry routes set out in the system architecture described in Annex I of document WIPO/DAS/PD/WG/2/4.

Practical information

  • A request to the Office to make an application available through the service may be made using the Request to Transmit Priority Document to the Priority Document Access Service (DAS) form; available from the Office website.

  • Where a patent application is filed in Australia relying on foreign priority there is no requirement to provide a certified copy of a foreign priority document unless requested by IP Australia. However if IP Australia has been given access to the document through DAS this should be indicated on the relevant patent request form. If not and IP Australia later requests access to the document the applicant will be able to meet this obligation by advising IP Australia that the priority document is available from the DAS.