Currently, applicants for IP rights who file first overseas in a foreign language must provide a translation of all foreign-language documents into English when applying for or prosecuting any IP rights in Australia. Any filed translations must be accompanied by a certificate of verification providing that the translator undertakes that the document is a true and complete translation to the best of their knowledge, which is dated and signed by the translator.
This requirement to provide a certificate of verification not only places a burden on applicants that may not be necessary, and as such represents red tape in the patent system.
The proposed amendment will eliminate the requirement for a certificate of verification to be filed with the application, and instead will allow the Commissioner of Patents to request a certificate if he or she reasonably doubts the veracity of the translated document.
Policy development 04-Sept-2017
Legislative drafting 26-Mar-2018
High priority, as this is a straightforward to implement fix that will improve IP Australia's customers' experience.
Targeted consultation is expected to occur when legislative drafting is complete.
See also item 34.