Patent Application Papua New Guinea : Intellectual Property Office IPOPNG

Name of the Organization : Intellectual Property Office of Papua New Guinea
Type of Facility : Patent Application
Country : Papua New Guinea

Website : http://ipopng.gov.pg/

Patent Application :

The concept of patents is still very foreign or unheard of in Papua New Guinea . However, our local universities and research institutes have already been involved in or exposed to works that may or could have been patented.

Related : Intellectual Property Office of Papua New Guinea Industrial Designs Registration : www.statusin.org/8157.html

Collaborated efforts have also been made between overseas and our universities/research institutes in recent times but no applications or enquiries have been made to date.

Patents are very important in our everyday lives since they are almost in everything we use and enjoy today. For instance patents have made heating, cooking, drinking, washing, traveling and entertainment possible. Patent information is captured to make available knowledge and information to enhance human innovation and creativity.

Besides the protection of new ideas and innovations, traditional knowledge and local expertise may also play a critical role in the development of developing countries like Papua New Guinea . Through research and development these ideas may be further developed and protected under our patent law then licensed or assigned to large corporations/ institutes.

Prior art or existing patent information may be made available by the IPOPNG or found in search engines on the internet.

Given that patents plays an important role in the development of any country, stakeholder organizations and relevant government agencies/departments in Papua New Guinea are now working together through the NIPRC to put in place systems and procedures that may set the country in the right path. Studies have shown that intellectual property rights have been able to generate millions of kinas for the right owners around the world.

A patent is a form of protection that is granted by the State to the owner of an invention to prevent the public from using, making and marketing it. The protection term lasts for 20 years within the territorial boundaries of that particular State.

What Is A Patent Application?:
A patent application is comprised of:
Title of the invention:
Indication of its technical field
(using the International Patent Classification, IPC)

Description of the invention:
(Must be in detail and clear language that an individual with an average understanding of the field could use to reproduce the invention.)

Drawings, plans or diagrams:
(for illustrations but is optional)

Claims:
(This determines the scope or extent of protection that is sought by the applicant)

Abstract:
( Brief insight into the main scope or function of the invention )

What Is Prior Art?:
Prior Art is the term used to describe same and/or similar inventions that have already been granted patent in other IP offices around the world before the filing date of the invention that is subjected to search and examination by the patent office. With regards to Industrial designs, this refers to an existing registered design that is similar or identical to the design subjected to examination.

What Role Do Patent Play In Everyday Life?:
Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting (patents held by Edison and Swan) and motor car (patents held by Karl Benz) to steam locomotives (patents held by William Hedley) and many more, to assist mankind in their daily living at home, work and in the community or city they live in.

All patent owners are obliged, in return for patent protection, to publicly disclose information on their invention in order to enrich the body of technical knowledge in the world. This knowledge ?feed? promotes further creativity and innovation for the future generations of researchers and inventors with the main intention to enhance the quality of life.

What Kind Of Protection Does A Patent Offer?:
Patent protection means that the invention cannot be commercially exploited such as manufacture, use, distribute, export or sold with out the patent owner’s consent. It is during this term of protection that the patent owner can gain economical benefit by private sales or through licensed agreements with commercial entities for marketing purposes. Thus, emphasizing the patent owner’s exclusive ownership of the invention .

Who Enforces The Patent Rights Of The Owner?:
The enforcement of patent rights is the sole responsibility of the patent owner . Patent owners are expected to keep a watchful eye through the use of Journal Publications by IP Offices, current news and the commercial conduct of business houses and individuals within the State.

In the case of an infringement, these patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge of a patent by a third party.

Who Administers Patent Protection?:
A patent is granted by the Intellectual Property Office of Papua New Guinea (IPOPNG) and office located within the Investment Promotion Authority (IPA) which comes under the Department of Commerce and Industry. However, there are some countries that are covered by a regional office such as the European Patent Office (EPO) and the African Regional Industrial Property Organization (ARIPO). Under such regional systems, an applicant requests protection for the invention in one or more countries within that region, but each country decides whether to grant or refuse a patent within its borders.

How Is A Patent Application Processed?:
** An application is lodged with an applicable fee at an Intellectual Property office (IPO)
** Application undergoes searching for Prior Art
** Application is examined based on NOVELTY , INVENTIVE STEP and INDUSTRIAL APPLICABILITY .
** A search & examination report is communicated to the applicant. This begins a series of communication between the office and the applicant to ensure that all requirements of novelty, inventive step and industrial applicability is met for grant or a decision is made that the application should be refused because it does not satisfy the requirements.
** Application is recommended for grant/refusal by the Examiner based on the examination results and the recommendation is endorsed by the Registrar of Patents.
** General Information regarding the granted patent invention and the owner is published, after which a Grant Certificate is issued. The publication will also include applications that are refused however no certificate is issued thereafter.

Is There An International Patent Filing System?:
Yes. The international patent filing system is governed by the World Intellectual Property Organisation (WIPO) in Geneva , Switzerland . It is this governing body that administers the Patent Cooperation Treaty (PCT) based on the Paris Convention Treaty. The convention currently has a total of 141 member countries (as at June 2009). For which PNG acceded membership on 14 th June 2003 but became effective on 14 September 2003.

The PCT is a filing system that provides for the filing of a single international patent application which has the same effect as a national application filed in any of the member countries. An applicant seeking protection may file one application and request protection in as many member states as required through the International Bureau/Authority. For more information, visit the World Intellectual Property Organisation (WIPO) website.