Policy ID: 
22
Status: 
Consultation
Priority: 
High
Issue summary: 

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.

History: 

Policy development 04-Sept-2017

Legislative drafting 26-Mar-2018

Consultation 16-Nov-18 to 21-Dec-18

Comments: 

High priority, as this is a straightforward to implement fix that will improve IP Australia's customers' experience.

IP Australia is currently consulting on exposure draft regulations with the intention of making the regulations when the PC Response Part 2 Bill passes Parliament.

See also item 34.

Tag: 
Patents