In Australia, the PCT is only annotated with the Australian number on the
front page when it is first published, so if the original wasn't in English
the AU Application wont be either.
If the application is in a non-English language it is translated when it
enters National Phase and a copy can be obtained of the translation at this
time. It takes a little while to get to this stage but it is general
faster than most of the other PCT countries.
Karen Smith
Watermark Patent and Trade Mark Attorneys
Melbourne: Telephone: +61 3 9819 1664 Fax: +61 3 9819 6010
Sydney: Telephone: +61 2 9888 6600 Fax: +61 2 9888 7600
Perth: Telephone: +61 8 9325 1900 Fax: +61 8 9325 4463
Internet: www.watermark.com.au Email: mail@watermark.com.au
Notice: This communication is intended to be received only by the
individual or entity to which it is addressed and contains information that
is privileged, confidential and subject to copyright. Any unauthorised use,
copying, review or disclosure is prohibited.
"Turner, Elyse"
<elyse_turner@MERCK.COM> To: CWhipple@sg-norpro.com, "'Stephen Adams'"
Sent by: <stevea@magister.co.uk>
owner-debug-l@mail-lists. cc: PIUG-L@derwent.tecc.co.uk
tecc.co.uk Subject: RE: Patent language in families
01/12/2000 01:32
Great thanks to Stephen for trying to clarify this area.
One exception to his point about "the languages of other members of the
family" "normally be in the official language of the country concerned" is
Australia. Particularly for PCT filings, Australia normally publishes in
the same language as the priority filing. If anyone knows of an exception
to this, I would really like to know.
Thanks.
Elyse
Elyse D. Robinson Turner - Sr. Information Scientist
Patent Department, Merck & Co., Inc. RY 60-35
732-594-6418 [home office 215-757-2555 Wed+Thurs]
elyse_turner@merck.com
> ----------
> From: Stephen Adams[SMTP:stevea@magister.co.uk]
> Sent: Thursday, November 30, 2000 6:52 AM
> To: CWhipple@sg-norpro.com
> Cc: PIUG-L@derwent.tecc.co.uk
> Subject: Re: Patent language in families
>
> CWhipple@sg-norpro.com wrote:
>
> > Is it correct that for WO patents, if the priority country is Germany,
> > France, Switzerland, Austria, Japan, or the Soviet Union, all documents
> in
> > the patent family, Canadian, Japanese, Austrian, etc. will be in the
> > original language?
>
> There are several concepts here which need to be distinguished. Firstly,
> WO
> documents are *published* in one of (currently) seven languages -
English,
> French, German, Japanese, Chinese, Russian or Spanish. Usually, but not
> always, it is possible to infer the likely language of the WO document
> from
> the priority country e.g. US priority filings will probably issue as an
> English WO. However, this is not always the case - for example, a
> substantial
> proportion of WO documents originating from Japanese priority filings
> issue in
> English.
>
> Secondly, the publication language of the WO document needs to be
> distinguished from the *language of filing*, both of the priority
document
> and
> of the international application. If you are e.g. a Swedish company, you
> are
> likely to file a priority document in Sweden in your national language
> first,
> followed by a PCT filing a year later, which can also be in Swedish, but
> since
> this language is not one of the official publication languages, you will
> need
> to supply a translation into e.g. English or German before the
application
> publishes at 18 months as a WO case.
>
> Now to consider the languages of other members of the family. These will
> normally be in the official language of the country concerned, which may
> or
> may not be the language of publication of the priority document.
Consider
> the
> following case. Our Swedish company could file a Swedish-language
> priority
> followed by a Swedish language international application at 12 months,
> which
> publishes in German as a WO document at 18 months. If they want to
> proceed in
> Japan, they will need to provide a translation into Japanese for the
> Japanese
> Patent Office to be able to examine their invention under the national
> phase.
> This will be published as a separate document, and in the case of the
> Derwent
> file would appear as a document type JP-W.
>
> I'm not sure where your list of countries in your original message came
> from,
> but there does not seem to be any particular significance to their
> approaches. Let's consider:
>
> Germany - priority language Ger, likely WO filing and publication
language
> Ger
>
> France - priority language Fre, likely WO filing and publication language
> Ger
> Switzerland - priority language can be Fre, Ger, Ita, likely, WO filing
> and
> publication language Fre and Ger
> Austria - priority language Ger, WO filing and publication language Ger
> Japan - priority language Jap, WO filing and publication language
probably
> Jap, often Eng, sometimes Ger
> Soviet Union - priority language Rus, WO filing and publication language
> Rus
>
> For each of the above published WO documents, entry into the national
> phase in
> other designated countries will require translation into the appropriate
> national language before proceeding with examination. So the WO German
> document can proceed without delay in Austria, but would need to be
> translated
> if the applicant wanted to proceed in Canada.
>
> I hope this helps. It is a confusing area!
>
>
>
> --
> Stephen Adams
> Magister Ltd.
> Crown House, 231 Kings Road, Reading, RG1 4LS, GB
> Tel: +44 (0)118 929 9515
> Fax: +44 (0)118 929 9516
> e-mail: stevea@magister.co.uk
>
> Registered in England and Wales. Company No. 3407685
> Registered address : Canada House, 272 Field End Road, Eastcote,
> Ruislip, Middlesex HA4 9NA.
>
>
>
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