PCT NATIONAL PHASE ENTRY
Papua New Guinea

Papua New Guinea's patent system has undergone considerable development over time. During the period of Australian administration, the country adhered to the 1911 Patents Act, which was part of Australian law. Following independence in 1975, Papua New Guinea continued to operate under Australian patent regulations until the introduction of the Patents and Industrial Designs Act 2000, which created a distinct and independent framework for safeguarding patents and industrial designs. In addition, the country became a member of the Paris Convention for the Protection of Industrial Property in 1999 and acceded to the Patent Cooperation Treaty (PCT) in 2003, allowing local innovators to file patents internationally. These actions have played a vital role in enhancing Papua New Guinea's patent system, promoting innovation, and bringing the country in line with global intellectual property practices.

A national application must be filed to enter the national phase in Papua New Guinea within 31 months from the priority date.

A translation into English is required where the application is not in the English. The translation must be filed within three months of the National Phase entry date.

In Papua New Guinea, no extensions are allowed for the late filing of national phase applications.

• Power of Attorney: A power of attorney, signed simply should be submitted within two months from the filing date of the application.
• Assignment deed: An assignment deed is required if the applicants for the priority application are not the same. The deadline to submit a deed of assignment for a patent application is two months from the filing date.

There is no cost exemption available for filing patent application in Papua New Guinea.

In Papua New Guinea, a request for examination must be requested at any time, including at filing, but must be requested within six months from a Direction issuing from the Papua New Guinea Patent Office.

In Papua New Guinea, renewal fees are due starting from the second anniversary of the filing date and must be paid up until the 20th year. There is a grace period of six months after the due date, but a surcharge applies for late payment.

In Guinea, the term of a patent protection is 20 years from the date of filing the application.

In the Global Innovation Index (GII), Papua New Guinea's overall ranking is generally in the lower range of the 130+ economies tracked. In the GII 2023, the latest available data, Papua New Guinea's GII rank was 117th. While Papua New Guinea's performance in innovation inputs and outputs varies, it generally ranks lower in both areas compared to other economies. For instance, in 2023, it ranked 128th in innovation inputs and 119th in innovation outputs.

In Papua New Guinea, agriculture is the primary employer, supporting 57% of rural households and engaging 52% of the labor force. Mining, particularly the Simandou 2040 project with US$20 billion in investments, is a major economic driver, contributing 18% to GDP and boosting job creation during its construction phase.