PATENTS
New Guinea Patent Law
The laws and rules that govern patents in PNG are the following:
* The Patents and Industrial Designs Act 2000.
* The Patent and Industrial Designs Regulation 2002.
- Papua New Guinea has an well-developed intellectual property system, and patent protection in the country may be obtained either through a direct filing at the PNG Patent Office or through national phase entry from an international (PCT) patent application.
You can file two types of patent applications in Papua New Guinea (PNG):
1. A national phase entry from an international PCT application.
2. A direct national patent application.
Papua New Guinea is member of the following agreements and conventions
* WIPO
* Patent Cooperation Treaty (PCT) (June 13, 2003)
* Paris Convention for the Protection of Industrial Property (June 14, 1999)
* World Trade Organization (WTO)
* Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994)
* Pacific Island Countries Trade Agreement (September 3, 2003)
Papua New Guinea patent PCT requirements:
* PCT application details, preferably a full copy of the published PCT specification.
* An English translation of the patent specification where the specification is not in English and any amendments made during the international phase;
* Power of Attorney simply signed.
* Assignment (if the applicant is not the inventor)
POA and Assignment can be filed within 2 months after filing.
- Where relevant, please also supply the details of any changes to the Applicant or Inventor details recorded before WIPO.
Papua New Guinea Convention Patent requirements:
An English language patent specification including drawings where the specification is not in English;
-Full contact details and nationality of the applicant;
-Full name, address and nationality of each of the inventors;
-Full details of the priority application, including country, application number, filing date, Applicant details, title;
-Power of Attorney simply signed.
-Assignment (if the applicant is not the inventor)
POA and Assignment can be filed within 2 months after filing.
Papua New Guinea Patent Registration Procedure
Filing
The patent application is filed at the Intellectual Property Office of Papua New Guinea (IPOPNG). Acknowledgement of Receipt take 2 weeks.
Formal examination
The IPOPNG will conduct a formalities check in order to know if the application meet the law requirements. (3 Months).
Publication (first)
The patent application is published as filed after the issued of the positive formality report
Pre-Examination check and Request
The IPOPNG will check and issue request for examination of documents. (6 - 12 Months).
Substantive Examination (Patentability)
A filed Papua New Guinea patent application is not automatically examined. Examination can be based on the Preliminary Examination Report on Patentability under the PCT process, on corresponding applications in other selected countries or be undertaken by the Australian Patent Office (IP Australia). The Papua New Guinea allows the Applicant to choose under which of these options an application is to proceed. Examination may be requested at any time, including at filing, but must be requested within six (6) months from a Direction issuing from the Papua New Guinea Patent Office. Failure to file an examination request within six (6) months of a Direction results in the application being treated as abandoned.
*Process take from 12 to 36 months.
Recommendation for Grant / Refusal
The resolution from Papua New Guinea Patent Office take from 3 to 4 weeks.
* If the patent is approved for Refusal in PNG it will take 2 to 4 weeks.
Grant
The Patent office issue the notice of Grant with Certificate of Registration in Papua New Guinea and it will take from 2-4 weeks after resolution.
Publication (After grant)
When the patent is registered it will be published in the quarterly IP Journal of Papua New Guinea.
Timeframe
The approximate time frame for completing the patent registration process in Papua New Guinea is approximately 4 to 5 years.
Duration
A patent registration in Papua New Guinea last 20 years which is non-renewable.
Annuities
An annual maintenance fee for patent in Papaya New Guinea are to be paid annually on the anniversary of the effective filing date, starting from the 2nd annuity. There is a grace period of 6 months for late payment of the annuities.
Non-Patentable Inventions in Papua New Guinea (PNG)
Non- Patentable inventions refers to those inventions that cannot be protected under patent due to their origin, nature or implications on moral values and beliefs. Some examples include;-
*scientific, mathematical and business methods, scheme, rule or concepts,
*diagnostic, therapeutic and surgical methods used on animals or humans,
*discoveries of materials or substances already existing in nature
*plant or animal varieties or essentially biological processes for production of such
*any invention considered contrary to public order or morality and that which is seriously prejudice to the environment
Priority
National Applications filed by foreign citizens in Papua New Guinea via the Paris Convention route, must file within 12 months from the filing date of the first application. If application is filed outside the 12 months, a declaration of priority relating to the first application will not be accepted. No extension of time allowed.
PCT
International Applications can be filed by a citizen of another country in Papua New Guinea through the Patent Cooperation Treaty (PCT) route. To enjoy the benefits of PCT and to make a declaration of priority, the application must enter national phase in Papua New Guinea within 31 months priority date of the earliest basic application. No extension of time allowed.
Types of Claims that Cannot be Accepted for Patent Registration in Papua New Guinea
In relation to this, invention claim types that are considered not acceptable for registration includes;-
*Swiss Style Claims or
*Method of Use claims for medical purposes or
*Method of Treatment Claims or Therapeutic Claims
These claim types are considered to encourage flexibilities in allowing for non-patentable subject matters/inventions to be registered and thus is not allowed in any application for registration for patent.
Industrial Design Registration in Papua New Guinea
Industrial design application can be filed in Papua New Guinea for registration. Registration lasts five years after the filing date and is renewable for two further. periods of five years, making a total duration of 15 years.
Official Action in Papua New Guinea Patents
Where the applicant fails to file a response to an office request, the applicant is sent a reminder notice and an additional 6 months notice is given to the applicant to provide the response and pay the extension of time fee for the delay.
Patent Reinstatement in Papua New Guinea
* Once the additional 6 months expires, a notice of abandonment is issued and the application is considered to have been abandoned so it remains in that status for 12 months to allow applicant to restore the application. To revive the application, a written request for re-instatement must be filed along with a statutory declaration explaining the reason for delay. If the request is approved by the office, a remedial fee will be requested for the extended period of filing from the applicant along with the outstanding response.
* If no re-instatement is requested, the application proceeds to refusal.
TRADEMARKS
Trademark Law in Papua New Guinea
Legal basis is the law of 1978, in force since 1980.
Papua New Guinea is not a member of the Madrid Agreement, the Madrid Protocol or the European Union.
Trademark protection is obtained by registration.
It can also be acquired by sufficient public recognition.
Papua New Guinea is member of the following agreements and conventions
* WIPO
* Patent Cooperation Treaty (PCT) (June 13, 2003)
* Paris Convention for the Protection of Industrial Property (June 14, 1999)
* World Trade Organization (WTO)
* Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994)
* Pacific Island Countries Trade Agreement (September 3, 2003)
Trade mark applications in Papua New Guinea can cover:
• a series of trade marks
• goods and services.
Trademark applications in Papua New Guinea Applications cannot cover:
• more than one class of goods or services
• colours, shapes, sounds, or smells.
Classification
Nice classification, 9th edition. A separate application has to be filed for each class.
Document required
Power of Attorney (POA) simply signed.
Papua New Guinea Trademark Registration Procedure
The application is filed at the Investment Promotion Authority (IPA-IPOPNG).
There are two parts to the Register.
Part A covers trade marks that are considered distinctive, Part B covers trade marks that are not distinctive but capable of becoming distinctive over time.
The application process (wether it is Part A or B application) includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
To receive the examination report on an application it takes 30 days.
Trademark applications accepted by the Registrar are published once in the official journal prior to registration.
The journal is published 4 times a year.
Registration fees are due six (6) months after the date of publication.
National Opposition Period
The opposition period is three (3) months from the publication date of the application in the official journal.
Timeframe
The approximate time frame for completing the registration process of a trademark in Papua New Guinea is approximately 12 months.
Duration
Trademark Protection in Papua New Guinea begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
Priority
Papua New Guinea is a member of the Paris Convention and convention priority can be claimed, but the trade mark legislation has not been updated to allow claims to convention priority.