Policy ID: 
22
Status: 
Legislative drafting
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

Comments: 

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.

Tag: 
Patents