Papua New Guinea

Spruson

papua new guinea patent trademark

Overview

Capital: Port Moresby

Population: 6.8 million (est. 2012)

Languages: Tok Pisin, English, Hiri Motu

Area: 463,000 km2

Currency: Kina (PGK)

Legal System: Based on English Common law

Protection of IP Rights in Papua New Guinea

Spruson & Ferguson’s team of experienced patent and trade mark attorneys are qualified to act directly in Papua New Guinea and represent clients across all areas of IP including patents, trade marks and designs.

Registration and Protection of Patents in Papua New Guinea

Papua New Guinea accepts direct patent filings as well as applications filed via the PCT National Phase Entry system.

Registration and Protection of Trade Marks in Papua New Guinea

Trade mark applications can be lodged directly with the Intellectual Property Office of Papua New Guinea. Multi-class applications are not permissable in Papua New Guinea; a separate application per class is required.

Patent Practice Summary

Filing Statistics

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Key Issues

  • All litigation and prosecution in English
  • Relatively new and developing patent system

Enforcement

  • Infringement remedies – damages, an account of profits and injunctions

Prosecution

  • National phase entry deadline for PCT applications in Papua New Guinea: 31 months
  • The Patents Act expressly excludes from patentability:
    • a discovery, scientific theory or mathematical method;
    • a scheme, rule or method for doing business;
    • performing purely mental acts;
    • playing games;
    • diagnostic, therapeutic and surgical methods, but not including any products for use in any such methods, for the treatment of humans or animals; and
    • inventions, the commercial exploitation of which would be contrary to public order or morality; or seriously prejudice the environment
  • Applicant may rely on corresponding granted priority application, search/examination in the International Phase, a granted foreign patent (e.g. US, EP, AU, NZ, CA or GB); or request Substantive Examination (examined by IP Australia applying the PNG Patents and Industrial Designs Act)
  • Amendments allowed any time before grant with payment of fee
  • Voluntary Divisional applications possible

Other issues

  • Pre- opposition available
  • Patent Term Extensions – not available
  • Parallel importation – available
  • Foreign filing license not required
  • Pharmaceutical Data Exclusivity Laws – not available

Filing Requirements in Papua New Guinea

 

Affiliations

Bodies

 

Member

  • Patent Cooperation Treaty
  • Paris Convention for the Protection of Industrial Property
  • Convention Establishing the World Intellectual Property Organization

 

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