IPA patent 8.16.2-convention-country-status-change — IP Australia Patent Manual of Practice and Procedure – 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Application Outside 12 Month Convention Period 8.16.4 Convention Priority Dates Key Legislation: Patents Act: s94 (Superseded) Patents Regulations: Schedule 4 (Superseded) Related Chapters: 2.21.2.1 Convention Country Listing Section 94 provides for the making of a Convention application.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.