Limitations of the Australian Patent Office as an ISA or IPEA

When you select your international search authority and international preliminary examination authority, it is important to understand what subject matter each office is competent to search and examine.

The Australian Patent Office will not be a competent International Searching or International Preliminary Examining Authority for international applications filed by nationals and residents of the United States of America with the United States Patent and Trademark Office (USPTO) as the receiving Office where such applications contain one or more claims relating to mechanical engineering or analogous fields of technology.

The full list of excluded subject matter, as agreed between the Australian Patent Offices and United States Patent and Trademark Offices (USPTO), is defined by international Patent Classification class, as follows:

A01 AGRICULTURE;   FORESTRY; ANIMAL HUSBANDRY; HUNTING; TRAPPING; FISHING, all classes except   A01H, A01N, A01P, (i.e. new plants or processes of obtaining them thereof,   Preservation of human, animals bodies or plants, biocidal, pest repellent,   pest attractant or plant growth regulatory activity of chemical compounds or   preparations)
A21 BAKING;   EQUPIMENT FOR MAKING OR PROCESSING DOUGHS; SOUGHS FOR BAKING all classes   except A21D, (i.e. Treatment of flour or dough for baking)
A22 BUTCHERING;   MEAT TREATMENT; PROCESSING POULTRY OR FISH
A23N MACHINES   OR APPARATUS FOR TREATING HARVESTED FRUIT, VEGETABLES OR FLOWER BULBS IN BULK
A23P SHAPING   OR WORKING OF FOODSTUFFS
A24 TOBACCO;   CIGARS; CIGARETTES
A41-47 PERSONAL   AND DOMESTIC ARTICLES (e.g. headgear (A42), footwear (A43), haberdashery   (A44))
A61 MEDICAL   OR VETERINARY SCIENCE, all classes except A61K, A61L, A61P and A61Q (i.e.   preparations for medical, dental or toilet purposes, methods apparatus for   sterilizing materials or objects, chemical aspects of bandages, dressings,   absorbent pads, or surgical articles, therapeutic activity of chemical   compounds, use of cosmetics or similar toilet preparations)
A62 LIFE-SAVING   all classes except A62D (i.e. chemical means for extinguishing fires,   processes for making harmful chemical substances harmless, or less harmful,   by effecting a chemical change, composition of materials or coverings or   clothing for protecting against harmful chemical agents; composition of   materials for transparent parts of gas-masks, respirators, breathing bags or   helmets; composition of chemical materials for use in breathing apparatus
A63 SPORTS;   GAMES; AMUSEMENTS
B06 GENERATING   OR TRANSMITTING MECHANICAL VIBRATIONS IN GENERAL
B21,

B22-B27

All   except B23K (i.e. soldering or unsoldering; welding; cladding or plating by   soldering or welding; cutting by applying heat locally, e.g. flame cutting;   working by laser beam)
B31 MAKING   PAPER ARTICLE WORKING PAPER
B60-B68 All   except B60L, B60M and B60Q (i.e. electric equipment or propulsion of   electrically-propelled vehicles; magnetic suspension or levitation for   vehicles; electrodynamic brake systems for vehicles, in general, power supply   lines, or devices along rails, for electrically-propelled vehicles,   arrangement of signaling or lighting devices, the mounting or supporting   thereof or circuits therefor, for vehicles in general)
D01-D07 Textiles   all except D06L, D06M, D06N, D06P, D06Q (i.e. bleaching, treatment of   fabrics, dyeing or printing textiles, decorating textiles)
E01-E06 FIXED   CONSTRUCTION
E21 EARTH   OR ROCK DRILLING; MINING
F01-F04 MACHINES
F15-F17 ENGINEERING   ELEMENTS, ACTUATORS, STORAGE OR SISTRIBUTION OF GASES OR LIQUIDS
F41-F42 WEAPONS,   AMMUNITION
G04 HOROLOGY
G06 COMPUTING;   Calculating; Counting
G10 MUSICAL   INSTUMENTS
G11 INFORMATION   STORAGE