We have discussed at length on this list the fact that when a PCT patent
application designates Australia, an Australian number shows up quickly that
acknowledges the designation but doesn't represent an actual publication.
So when you try to order a patent publication with the Australian number,
you get the PCT publication. (In its original language.)
However, I discovered recently that the same sort of thing happens when you
try to order Australian B documents. You receive from the British Library a
copy of the PCT publication with a cover sheet containing the Australian
B-publication numeric information. The cover information includes the
patent's independent claims, but in every case -- six separate cases -- they
were identical to the claims in the PCT publication. Same thing from
MicroPatent, I believe. These were all situations in which the applicants
came from English-speaking countries, so no translation was needed in the
Australian Patent Office.
What's going on here? Doesn't Australia actually examine patents
transferred there from the PCT? Don't they ever make any changes in the
claims as part of the examination? And if they do, how do we get copies of
the actual, honest-to-gosh, Australian granted patents, or at least the
amended claims? My rather out-of-date (1995) "Patents Throughout the World"
doesn't throw much light on the subject, other than stating that applicants
must request examination.
Thanks for any insights!
Nancy Lambert
nela@chevron.com
Chevron Services Co.
P.O. Box 1627
Richmond, CA 94802
510-242-3161
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