Stephen and Martin and List.
Stephen is correct.
The current Australian system provides for a PCT application designating AU
to be given an AU-A number, prior to entry into national phase in AU. Up
until fairly recently the AU-A was physically published, even though it was
merely a republication of the PCT pamphlet with a AU-A number. Hence, the
often sighted situation of a Derwent/INPADOC family indicating a WO
publication (say in DE) and a AU publication. However, the AU publication
is invariably in the language of the original application. A translation is
usually lodged when the PCT applicant enters national phase in AU (usually
at the 31 month period). At that stage it is possible to obtain a copy of
the translation from the AU patent office.
I do not think that the INPADOC reference does implies that a translation
has been lodged simply because the entry specifies "Complete PCT Application
Filed". However the best way to determine whether the application has
actually entered national phase in AU is to consult the AU (patadmin)
database. It is free and you can find links at IP MENU (www.ipmenu.com) or
IP AUSTRALIA (www.ipaustralia.gov.au).
I hope this brief summary helps. If anyone has any specific AU questions, I
am (as always) very happy the help.
Rodney Cruise
www.ipmenu.com
rodney.cruise@ipmenu.com
rodney.cruise@pof.com.au
-----Original Message-----
From: owner-piug-l@derwent.co.uk [mailto:owner-piug-l@derwent.co.uk]On
Behalf Of Stephen Adams
Sent: 16 January, 2002 2:59 AM
To: Haywood, Martin CM
Cc: 'PIUG-L@derwent.co.uk'
Subject: Re: English language patents from PCT system
*** Re-sending with additional comments ***
Martin
There will be a point in time when applications which first published as
non-English WO's must lodge a translation in order to start examination
in Australia. It should be possible to obtain a copy of that
translation via the file wrapper from the AU office, since by definition
we are dealing with a "post AU-A" time period.
As regards finding out whether the translation has been lodged, there is
an INPADOC legal status code AU REFW which is defined as "COMPLETE PCT
APPLICATION FILED", and I would speculate that this is saying that the
translation has been lodged, although I stand to be corrected on this.
I think that Oz has gone to bed by now, but maybe Rodney Cruise could
comment in the morning?
Stephen
*** added comment ***
I realised that I didn't answer your first question concerning
language. The AU-A will be in the same language as the WO, which you
can find out from the appropriate line of the WPI record and/or a
separate file like PATOS-WO on STN or PCTPAT on Questel, or even the
website version of the Gazette if published since 1997. If using the
Questel file, distinguish between application language and publication
language - they're not always the same.
-- 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.ukRegistered in England and Wales. Company No. 3407685 Registered address : Canada House, 272 Field End Road, Eastcote, Ruislip, Middlesex HA4 9NA.
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