PG - Papua New Guinea
Intellectual Property Office of Papua New Guinea

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: Intellectual Property Office of Papua New Guinea
PGPA: Papua New Guinea Patents and Industrial Designs Act 2000
PGPR: Papua New Guinea Patents and Industrial Designs Regulations 2002
List of currencies used in this document:
PGK (Kina), USD (US dollar)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Papua New Guinea
Two-letter code:
PG
Papua New Guinea - Intellectual Property Office of Papua New Guinea
Name of Office:
Intellectual Property Office of Papua New Guinea
Location:
IPA Haus
1st Floor
Munidubu St. (corner of Lawes Road and Champion Parade)
Konedobu
Port Moresby
National Capital District
Papua New Guinea
Mailing address:
P.O. Box 5033
Boroko
National Capital District
Papua New Guinea
P.O. Box 1281
Port Moresby
National Capital District
Papua New Guinea
Telephone:
(675) 308 4432
(675) 321 7311
E-mail:
registrar.ipopng@ipa.gov.pg
Website:
Facsimile:
(675) 321 5155
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by facsimile
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
Yes, within one month from the date of the transmission
Does the Office send notifications via e-mail in respect of international applications?
No
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
Yes
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
, 
PG
Papua New Guinea - Intellectual Property Office of Papua New Guinea
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
Refer to corresponding National Phase.
PG
Papua New Guinea - Intellectual Property Office of Papua New Guinea
Types of protection available via the PCT:
Patents
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
None
Information of interest if this Contracting State is designated (or elected)
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within two months from the date of the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
No

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Papua New Guinea
Language in which international applications may be filed:
English
Language in which the request may be filed:
English
Number of copies required by the receiving Office if application filed on paper:
3
Does the receiving Office accept the filing of international applications in electronic form?
Information not yet available
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests
Competent International Searching Authority:
AU
Australia - Australian Patent Office
Competent International Preliminary Examining Authority:
AU
Australia - Australian Patent Office
Fees payable to the receiving Office:
Transmittal fee:
250 PGK
International filing fee:
1,435 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
16 USD
Search fee:
Fee payable in USD
Refer to
Annex D(AU)
Fee for priority document (PCT Rule 17.1(b)):
30 PGK
— per page in excess of 30
plus 2 PGK
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
None
Is an agent required by the receiving Office?
No, if the applicant resides in Papua New Guinea
Yes, if the applicant is a non-resident
Who can act as agent?
Any natural or legal person resident in Papua New Guinea
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Refer to the Office
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Refer to the Office

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
English
Required contents of the translation for entry into the national phase:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
The applicant should only send a copy of the international application if he has not received Form PCT/IB/308 and the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2).
National fees:
Filing fee:
1,000 PGK
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
If the application includes nucleotide and/or amino acid sequence listings filed on a compact disk or by other electronic means
1,500 PGK
Each divisional application for a patent
300 PGK
Annual fee for the 2nd year
170 PGK
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51bis):
Appointment of an agent if the applicant is not resident in Papua New Guinea. An instrument appointing the agent (authorization or power of attorney) is required 1
Name and address of the inventor if they have not been furnished in the “Request” part of the international application 2 3
Evidence of entitlement to file where the applicant is not the inventor 2 3
Evidence of entitlement to claim priority where the applicant is not the applicant who filed the earlier application 2 3
Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306) 3
Who can act as agent?
Any natural or legal person resident in Papua New Guinea
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

The procedure in the national Phase

PG.01 LANGUAGE OF PROCEEDINGS
PGPR Sec. 4
The language of proceedings is English. Any document forming part of the application or submitted to the Office shall be in English or be accompanied by an English translation.
PG.02 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex PG.I.
PG.03 ANNUAL FEES
PGPA Sec. 31(2), PGPA Sec. 31(3), PGPR Sec. 28
The prescribed annual fees are to be paid in advance for each year, commencing one year after the filing of the patent application. The annual fee may be paid until six months after the date on which it became due provided that an additional fee as prescribed is also paid.
PG.04 FEE FOR GRANT AND PUBLICATION
PGPR Sec. 26(1)
A fee for grant and publication must be paid before the grant of the patent. The amount of the said fee is indicated in Annex PG.I.
PG.05 APPOINTMENT OF AGENT, POWER OF ATTORNEY AND ADDRESS FOR SERVICE
PGPA Sec. 54, PGPR Sec. 7, PGPR Sec. 36, PGPR Sec. 39
If the applicant is not resident in Papua New Guinea, an agent must be appointed. The appointment of an agent shall be by a power of attorney. The power of attorney appointing an agent may be filed together with the application or within two months from its filing date. The address of the agent shall be treated as the address of service, i.e. the address to which communications to the person or persons who appointed the agent shall be transmitted.
PG.06 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41, PGPA Sec. 22
The applicant may, at any time before a patent is granted, make amendments to his application, provided that the amendment does not go beyond the disclosure in the initial application.
PG.07 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51, PGPA Sec. 7, PGPR Sec. 43
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. Before any adverse decision is made, the applicant is afforded the opportunity of being heard by filing a request for a hearing. The request for such a hearing shall be in writing and shall be subject to payment of the prescribed fee.
PG.08 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

Annexes

Annex PG.I - Fees
Application for a patent
1,000 PGK
In a patent application, if the application includes nucleotide and/or amino acid sequence listings filed on a compact disk or by other electronic means.
1,500 PGK
Each divisional application for a patent.
300 PGK
Amendment of application at the instance of the applicant.
170 PGK
Correction of application at the instance of the Registrar
50 PGK
Preparation of abstract by the Registrar.
100 PGK
Amendment of application on invitation of the Registrar
50 PGK
Grant and publication fee
100 PGK
Filing notice of opposition to grant of patent/utility model/industrial design certificate.
1,200 PGK
Annual fees:
— for the 2nd year
170 PGK
— for the 3rd year
200 PGK
— for the 4th year
240 PGK
— for the 5th year
270 PGK
— for the 6th year
330 PGK
— for the 7th year
400 PGK
— for the 8th year
460 PGK
— for the 9th year
550 PGK
— for the 10th year
640 PGK
— for the 11th year
700 PGK
— for the 12th year
750 PGK
— for the 13th year
800 PGK
— for the 14th year
900 PGK
— for the 15th year
1,000 PGK
— for the 16th year
1,100 PGK
— for the 17th year
1,200 PGK
— for the 18th year
1,300 PGK
— for the 19th year
1,400 PGK
— for the 20th year
0 PGK
Surcharge for late payment of the annual fees
In addition to any other
fee payable in relation to this item –
200 PGK for each month, or part of a month,
in the period between the anniversary and
the day when the fee is paid
How can payment of fees be effected?
Fees are to be paid in the Papua New Guinea currency, which is the Papua New Guinea Kina (PGK)
Currently, the mode of payment for overseas applicants is by bank drafts/cheques made payable to the
“Investment Promotion Authority”
Forms
Please refer to the Office.
Notes:
1 a If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
2 a b c This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
3 a b c d If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 19 Sep 2024
2.0 #62 - 2024-08-16T14:11:11.727+02:00