Papua New Guinea

Papua New GuineaCapital: Port Moresby
Capital Timezone: GMT + 10
Population: 7,167,000 (est. 2012)
Languages: English, TokPisin (Pidgin), and HiriMotu (the lingua franca of the Papuan region)
Currency: Kina (PGK)
Legal System: English common law (up to the date of independence, 16 September 1975); PNG “customary” law

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

For more information contact us on mail@fak.com.au or +61 7 3011 2200.