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What Is A Patent?

Patent is the term used to describe the protection over an invention. Such a protection is only limited to the technical function of an invention and does not extend to any other external feature.

This protection gives inventors or owners the right to stop anyone else from copying, using, distributing or selling the invention without their permission for 20 years.

Contact Us to Register Your Patent

Download the Patent Application form here.

What constitutes an invention?

What constitutes an invention? (Or what is an invention?)

An invention is the term used to describe a device or a machine or a process that is created by an individual or a group for use to solve an existing technical problem.A technical problem refers to shortfalls in performance of a device, machine or a process.
Read more below;

What constitutes an An invention is the term used to describe a device or a machine or a process that is created by an individual or a group for use to solve an existing technical problem.A technical problem refers to shortfalls in performance of a device, machine or a process.

An invention may serve several functions which include:

  • A new way of doing something that is more economical and efficient
  • An enhancement of an existing feature of a device, machine or process which when applied improves the performance.
  • A new product which when used improves life in general whether it be lifestyle, health, well being or other.

Examples of inventions:

  1. The evolution of wheels for transportation
  2. The evolution of hand held mobile phones for communication
  3. The historical evolution of communication

Inventions usually start from an inventor firstly identifying a need or noticing a problem!!!! They then think of a creative way to solve that problem and work hard to make that solution possible.

Why is Patent Protection important?

Patent protection means that the invention cannot be commercially exploited (can be manufactured, used, distributed, exported or sold) without the patent owner’s consent.

Patent protection means that the invention cannot be commercially exploited (can be manufactured, used, distributed, exported or sold) without the patent owner’s consent.

For third parties to use, sell, import or manufacture the protected invention in Papua New Guinea, one must seek permission from the inventor or owner through assignment or licensing arrangements.

This provides an avenue for inventors to recoup their investment for the creation of an invention over a period of 20 years. The right holder/owner has an advantage to control the commercial market through his exclusive rights in preventing others from using, selling, importing or manufacturing that particular invention within Papua New Guinea.

What can be patented?

Patent protection means that the invention cannot be commercially exploited (can be manufactured, used, distributed, exported or sold) without the patent owner’s consent.

For third parties to use, sell, import or manufacture the protected invention in Papua New Guinea, one must seek permission from the inventor or owner through assignment or licensing arrangements.
Read more below;

What can be patented?

Patent protection means that the invention cannot be commercially exploited (can be manufactured, used, distributed, exported or sold) without the patent owner’s consent.

For third parties to use, sell, import or manufacture the protected invention in Papua New Guinea, one must seek permission from the inventor or owner through assignment or licensing arrangements.

This provides an avenue for inventors to recoup their investment for the creation of an invention over a period of 20 years. The right holder/owner has an advantage to control the commercial market through his exclusive rights in preventing others from using, selling, importing or manufacturing that particular invention within Papua New Guinea.

What can be patented? (Or what can qualify for Patent Protection?)

For an invention to qualify for patent protection, it must fulfil the following important requirements:-

  1. Invention must be NOVEL or NEW – it must not have been disclosed or known to the public anywhere in the world in any form;
  1. Invention must have (or involve) an INVENTIVE STEP – the invention must contain that which is not obvious to  a person who is skilled in that field or that art;
  1. It must be INDUSTRIABLY APPLICABLE (or one that can be applied in the industry).

A patentable invention is an invention that usually solves a particular technical problem in the field of technology.

This field of technology referred to can be:

  • Mining & Chemical Processing
  • Agriculture & Food Processing
  • Pharmaceutical/Medical
  • Engineering
  • Sustainable Power
  • Green Energy
  • Personal or Domestic Articles
  • Electrical/IT

At present, IPOPNG does not deal with applications relating to Utility Models and Integrated Circuits.

An invention may serve several functions which include:

  • A new way of doing something that is more economical and efficient
  • An enhancement of an existing feature of a device, machine or process which when applied improves the performance.
  • A new product which when used improves life in general whether it be lifestyle, health, well being or other.

Examples of inventions:

  1. The evolution of wheels for transportation
  2. The evolution of hand held mobile phones for communication
  3. The historical evolution of communication

Inventions usually start from an inventor firstly identifying a need or noticing a problem!!!! They then think of a creative way to solve that problem and work hard to make that solution possible.

What is not Patentable?

Non-patentable subject matter/inventions refer to those inventions that cannot be protected under patents.
Read More Below;

What is not Patentable?

Non-patentable subject matter/inventions refer to those inventions that cannot be protected under patents. These include any invention for which the commercial exploitation of which would –

  • Be contrary to public order or morality; or
  • Seriously prejudice the environment;
  • discoveries of materials or substance already existing in nature;
  • plant or animal varieties or essentially biological processes for the production of such plant or animal varieties, other than microbiological processes;
  • A discovery or scientific theory or mathematical method;
  • Or scheme, rule or method for;
    • doing business
    • performing purely mental acts
    • playing games
  • Diagnostic, therapeutic and surgical methods except for products to be used for the above-mentioned methods on Humans or animals,are non-patentable subject matter or cannot be patented.

Consequently, IPOPNG does not allow Swiss Style claims, Method of Use Claims, Method of Treatment Claims or Therapeutic Claims for the purpose of allowing flexibilities with regard to unpatentable subject matters.

How to Obtain Patent Protection

Patent protection can be obtained by protecting your inventions through filing of a complete application for patent in any country of the applicant’s choice. Often selection of countries by invention owners is determined by assessing the returns of the investment that is to be made.

Read more below;

Patent protection can be obtained by protecting your inventions through filing of a complete application for patent in any country of the applicant’s choice. Often selection of countries by invention owners is determined by assessing the returns of the investment that is to be made.

In Papua New Guinea, an invention is protected when it is registered under the Patent and Industrial Design Act (2000), in other words, registration can be sought by filing a complete application for patent protection with the Intellectual Property Office of PNG and paying the prescribed fee.

Applicants can also file through the Patent Cooperation Treaty (PCT) system administered by the World Intellectual Property Organization (WIPO).

How to File A National Application

The applicant must, at least, complete these requirements as minimum filing requirements.

The applicant must, at least, complete these requirements as minimum filing requirements.

  • File a completed Form 1 together with the prescribed fee of PG K1,000;
  • Provide a official letter (notice) requesting for grant of a patent together with prescribed requirements;
  • Complete description of the invention that is inclusive of but not limited to;
    • Claims;
    • Figures, drawings, graphs, sequence listings etc. and;
  • Attach a completed Power of Attorney form as in the prescribed;
  • Where the applicant is not the inventor, attach a Statement Justifying the Applicant’s Right (SJAR) in the prescribed format;
  • Submit three (3) copies each of this submission.

NOTE:

  • It is mandatory that all documents must be submitted in triplicates (3 copies each); and
  • must be furnished in accordance with the physical format as prescribed in ‘Physical Requirements as to Form’ & ‘Formality requirements for filing an Application.

How to file a National Phase Entry Application via the PCT route?

  • Provide the PCT Publication Sheet & a PCT Request Form to enter national phase via the PCT system. PCT Request form provides information required under Form 1 and therefore Form 1 can be waived in this instance when filing a national phase entry.

NOTE: All PCT applications have a 31 month time limit for national phase entries in PNG via the PCT System;

  • Provide a official letter (notice) requesting for grant of a patent together with prescribed requirements;
  • Complete description of the invention that is inclusive of but not limited to;
    • Claims
    • Figures, drawings, graphs, sequence listings etc. and;
  • Attach a completed Power of Attorney form as in the prescribed;
  • Where the applicant is not the inventor, attach a Statement Justifying the Applicant’s Right (SJAR) in the prescribed format;
  • Submit three (3) copies each of this submission;
  • All documents submitted together with the prescribed fee of PG K1,000;

NOTE:

  • It is mandatory that all documents must be submitted in triplicates (3 copies each); and
  • must be furnished in accordance with the physical format as prescribed in ‘Physical Requirements as to Form’ & ‘Formality requirements for filing an Application.’

Supplementary documents for PCT Applicants only!

  • International Search Report
  • Written Opinion of the International Searching Authority
  • International Preliminary Examination Report/International Preliminary Report on Patentability
  • Copy of the Priority document, if claimed, and;
  • Certificate of Translation (if any)

Patent Search

Applicants may do a PATENT SEARCH on the invention to ensure that their invention is not identical to existing inventions before you apply for patent protection.

Read more below:

Applicants may do a PATENT SEARCH on the invention to ensure that their invention is not identical to existing inventions before you apply for patent protection.

Basic Application process (What happens to my application when filed for patent protection?)

  1. An application is received and recorded in the Database;
  2. Application undergoes searching for “Prior Art”
  3. Application is examined based on NOVELTY, INVENTIVE STEP and INDUSTRIAL APPLICABILITY.
  4. A search & examination report is communicated to the applicant. This begins a series of communication between the office and the applicant to ensure that all requirements of novelty, inventive step and industrial applicability is met for grant or a decision is made that the application should be refused because it does not satisfy the requirements.
  5. Application is recommended for grant/refusal by the Examiner based on the examination results and the recommendation is endorsed by the Registrar of Patents.
  6. General Information regarding the granted patent invention and the owner is published, after which a Grant Certificate is issued. The publication will also include applications that are refused however no certificate is issued thereafter.

technical problem refers to shortfalls in performance of a device, machine or a process.

An invention may serve several functions which include:

  • A new way of doing something that is more economical and efficient
  • An enhancement of an existing feature of a device, machine or process which when applied improves the performance.
  • A new product which when used improves life in general whether it be lifestyle, health, well being or other.

Examples of inventions:

  1. The evolution of wheels for transportation
  2. The evolution of hand held mobile phones for communication
  3. The historical evolution of communication

Inventions usually start from an inventor firstly identifying a need or noticing a problem!!!! They then think of a creative way to solve that problem and work hard to make that solution possible.

What Is A Patent?

Patent is the term used to describe the protection over an invention. Such a protection is only limited to the technical function of an invention and does not extend to any other external feature.

This protection gives inventors or owners the right to stop anyone else from copying, using, distributing or selling the invention without their permission for 20 years.

Contact Us to Register Your Patent

Download the Patent Application form here.

What constitutes an invention?

What constitutes an invention? (Or what is an invention?)

An invention is the term used to describe a device or a machine or a process that is created by an individual or a group for use to solve an existing technical problem.A technical problem refers to shortfalls in performance of a device, machine or a process.
Read more below;

What constitutes an An invention is the term used to describe a device or a machine or a process that is created by an individual or a group for use to solve an existing technical problem.A technical problem refers to shortfalls in performance of a device, machine or a process.

An invention may serve several functions which include:

  • A new way of doing something that is more economical and efficient
  • An enhancement of an existing feature of a device, machine or process which when applied improves the performance.
  • A new product which when used improves life in general whether it be lifestyle, health, well being or other.

Examples of inventions:

  1. The evolution of wheels for transportation
  2. The evolution of hand held mobile phones for communication
  3. The historical evolution of communication

Inventions usually start from an inventor firstly identifying a need or noticing a problem!!!! They then think of a creative way to solve that problem and work hard to make that solution possible.

Why is Patent Protection important?

Patent protection means that the invention cannot be commercially exploited (can be manufactured, used, distributed, exported or sold) without the patent owner’s consent.

Patent protection means that the invention cannot be commercially exploited (can be manufactured, used, distributed, exported or sold) without the patent owner’s consent.

For third parties to use, sell, import or manufacture the protected invention in Papua New Guinea, one must seek permission from the inventor or owner through assignment or licensing arrangements.

This provides an avenue for inventors to recoup their investment for the creation of an invention over a period of 20 years. The right holder/owner has an advantage to control the commercial market through his exclusive rights in preventing others from using, selling, importing or manufacturing that particular invention within Papua New Guinea.

What can be patented?

Patent protection means that the invention cannot be commercially exploited (can be manufactured, used, distributed, exported or sold) without the patent owner’s consent.

For third parties to use, sell, import or manufacture the protected invention in Papua New Guinea, one must seek permission from the inventor or owner through assignment or licensing arrangements.
Read more below;

What can be patented?

Patent protection means that the invention cannot be commercially exploited (can be manufactured, used, distributed, exported or sold) without the patent owner’s consent.

For third parties to use, sell, import or manufacture the protected invention in Papua New Guinea, one must seek permission from the inventor or owner through assignment or licensing arrangements.

This provides an avenue for inventors to recoup their investment for the creation of an invention over a period of 20 years. The right holder/owner has an advantage to control the commercial market through his exclusive rights in preventing others from using, selling, importing or manufacturing that particular invention within Papua New Guinea.

What can be patented? (Or what can qualify for Patent Protection?)

For an invention to qualify for patent protection, it must fulfil the following important requirements:-

  1. Invention must be NOVEL or NEW – it must not have been disclosed or known to the public anywhere in the world in any form;
  1. Invention must have (or involve) an INVENTIVE STEP – the invention must contain that which is not obvious to  a person who is skilled in that field or that art;
  1. It must be INDUSTRIABLY APPLICABLE (or one that can be applied in the industry).

A patentable invention is an invention that usually solves a particular technical problem in the field of technology.

This field of technology referred to can be:

  • Mining & Chemical Processing
  • Agriculture & Food Processing
  • Pharmaceutical/Medical
  • Engineering
  • Sustainable Power
  • Green Energy
  • Personal or Domestic Articles
  • Electrical/IT

At present, IPOPNG does not deal with applications relating to Utility Models and Integrated Circuits.

An invention may serve several functions which include:

  • A new way of doing something that is more economical and efficient
  • An enhancement of an existing feature of a device, machine or process which when applied improves the performance.
  • A new product which when used improves life in general whether it be lifestyle, health, well being or other.

Examples of inventions:

  1. The evolution of wheels for transportation
  2. The evolution of hand held mobile phones for communication
  3. The historical evolution of communication

Inventions usually start from an inventor firstly identifying a need or noticing a problem!!!! They then think of a creative way to solve that problem and work hard to make that solution possible.

What is not Patentable?

Non-patentable subject matter/inventions refer to those inventions that cannot be protected under patents.
Read More Below;

What is not Patentable?

Non-patentable subject matter/inventions refer to those inventions that cannot be protected under patents. These include any invention for which the commercial exploitation of which would –

  • Be contrary to public order or morality; or
  • Seriously prejudice the environment;
  • discoveries of materials or substance already existing in nature;
  • plant or animal varieties or essentially biological processes for the production of such plant or animal varieties, other than microbiological processes;
  • A discovery or scientific theory or mathematical method;
  • Or scheme, rule or method for;
    • doing business
    • performing purely mental acts
    • playing games
  • Diagnostic, therapeutic and surgical methods except for products to be used for the above-mentioned methods on Humans or animals,are non-patentable subject matter or cannot be patented.

Consequently, IPOPNG does not allow Swiss Style claims, Method of Use Claims, Method of Treatment Claims or Therapeutic Claims for the purpose of allowing flexibilities with regard to unpatentable subject matters.

How to Obtain Patent Protection

Patent protection can be obtained by protecting your inventions through filing of a complete application for patent in any country of the applicant’s choice. Often selection of countries by invention owners is determined by assessing the returns of the investment that is to be made.

Read more below;

Patent protection can be obtained by protecting your inventions through filing of a complete application for patent in any country of the applicant’s choice. Often selection of countries by invention owners is determined by assessing the returns of the investment that is to be made.

In Papua New Guinea, an invention is protected when it is registered under the Patent and Industrial Design Act (2000), in other words, registration can be sought by filing a complete application for patent protection with the Intellectual Property Office of PNG and paying the prescribed fee.

Applicants can also file through the Patent Cooperation Treaty (PCT) system administered by the World Intellectual Property Organization (WIPO).

How to File A National Application

The applicant must, at least, complete these requirements as minimum filing requirements.