Patents Laws in Papua New Guinea
Here’s an overview of the patent laws in Papua New Guinea (PNG):
🇵🇬 Patent Laws in Papua New Guinea
1. Governing Legislation
Patents and Industrial Designs Act 2000: This is the primary legislation governing patent protection in PNG. (PacLII)
Administered by the Intellectual Property Office of Papua New Guinea (IPOPNG): IPOPNG is a division within the Investment Promotion Authority (IPA) responsible for the administration of intellectual property rights and legislation in PNG. (ipopng.gov.pg)
2. Patent Protection
Patentable Inventions: Inventions that are new, involve an inventive step, and are capable of industrial application are eligible for patent protection.
Exclusions: Certain inventions may be excluded from patentability under PNG law.
3. Application Process
Eligibility: Any person over the age of 18 years old is eligible to apply for patent protection in Papua New Guinea. Inventors under the age of 18 years old can seek representation from biological parents or guardians to file an application with the Office on their behalf. (ipopng.gov.pg)
Types of Applications: Applicants can file various types of patent applications, including complete applications and convention applications. (pof.com.au)
Examination Process: The application undergoes a formal examination, and if it meets the necessary requirements, a substantive examination is conducted. (ipopng.gov.pg)
4. Patent Term
Duration: A patent in Papua New Guinea lasts for 20 years from the filing date. (proxario.com)
Maintenance Fees: Annual maintenance fees are required to keep the patent in force.
5. International Treaties
Paris Convention: Papua New Guinea is a member of the Paris Convention, allowing for priority claims in member countries.
Patent Cooperation Treaty (PCT): Papua New Guinea is not currently a member of the PCT.
6. Rights Conferred
Exclusive Rights: The patent owner has the exclusive right to exploit the patented invention, including making, using, selling, and importing the invention.
Enforcement: Patent infringement cases are handled by the National Court of Papua New Guinea. Remedies include injunctions, damages, and orders for the inspection of infringing goods.
7. Compulsory Licensing
Government Use: The government may exploit a patented invention without the consent of the patent owner under certain conditions, such as public interest or national security concerns. (PacLII)
8. Patent Registration Process
Lodgement: The application is lodged with the IPOPNG, and data entry is completed.(ipopng.gov.pg)
Appointment of Agent: If applicable, a power of attorney and statement justifying the applicant's right are filed.(ipopng.gov.pg)
Examination: The application undergoes a pre-examination check and request for examination documents.(ipopng.gov.pg)
Patentability Examination: The application is assessed for novelty, inventive step, and industrial applicability.
Grant: If approved, a notice of grant is issued with a certificate.(proxario.com)
Publication: The granted patent is published in the quarterly IP journal. (proxario.com)
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