Patent Attorneys Regulations (Amendment) (Cth)

PATENTS ACT

 

PATENT ATTORNEYS REGULATIONS.

 

STATUTORY RULES1964, NO. 3.(a)

Subjects to be passed by legal practitioners or patent agents.

1. Regulation 11 of the Patent Attorneys Regulations is amended by inserting in sub-regulations (1.) and (2.), before the words “the last preceding regulation”, the words “sub-regulation (2.) of”.

Eligibility For admission to examination in certain subjects.

2. Regulation 15 of the Patent Attorneys Regulations is amended—

(a)by inserting before the words “regulation 10 of these Regulations” the words “sub-regulation (2.) of”; and

(b)by omitting the words “that regulation” and inserting in their stead the words “that sub-regulation”.

Effect of passes at examinations under repealed Regulations.

3. Regulation 19 of the Patent Attorneys Regulations is amended by inserting in sub-regulation (1.), before the words “regulation 10 of these Regulations”, the words “sub-regulation (2.) of”.

Other qualifications required.

4. Regulation 20 of the Patent Attorneys Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (1.) the word “or” (last occurring);

(b)by adding at the end of sub-regulation (1.) the following word and paragraph:—

“; or (d)he has passed, in a branch of engineering or science, an examination approved by the Board for the purposes of this paragraph qualifying him for graduate membership of The Institution of Engineers, Australia, or for junior membership of The Royal Australian Chemical Institute.”; and

(c) by adding at the end thereof the following sub-regulation:—

“(3.) The Board shall, before approving an examination for the purpose of paragraph (d)of sub-regulation (1.) of this regulation, have regard to the syllabus for any course undertaken in preparation for the examination during the period in which a person who seeks the approval of the examination by the Board undertook the course.”.

Board may issue certificate of technical qualifications.

5. Regulation 20Aof the Patent Attorneys Regulations is amended by omitting the words “paragraph (a), (b)or (c)” and inserting in their stead the words “paragraph (a), (b),(c) or (d)”.

(a) Made under the Patents Act 1952-1962 on 8 January, 1964; notified in the Commonwealth Gazette on 16 January, 1964.

Prescribed employment.

6. Regulation 21 of the Patent Attorneys Regulations is amended by omitting the words “this Act” and inserting in their stead the words “the Act”.

Application for certificate of the Board.

7. Regulation 22 of the Patent Attorneys Regulations is amended—

(a) by inserting in sub-paragraph (i) of paragraph (a) of sub-regulation (1.), before the words “regulation 10 of these Regulations”, the words “sub-regulation (1.) of”;

(b) by omitting from paragraph (b) of sub-regulation (1.) the words “paragraphs (a),(b) and (c) of Regulation 20” and inserting in their stead the words “paragraphs (a),(b), (c) and (d)of sub-regulation (1.) of regulation 20”; and

(c) by omitting from sub-regulation (2.) the words “paragraphs (a), (b) or (c) of regulation 20” and inserting in their stead the words “paragraphs (a),(b),(c) and (d) of sub-regulation (1.) of regulation 20”.

First Schedule — Forms 3A, 3B and 4.

8. The First Schedule to the Patent Attorneys Regulations is amended by omitting Forms 3A, 3Band 4 and inserting in their stead the following Forms:—

 

FORM 3A

Regulation 20A.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-1962.

APPLICATION FOR CERTIFICATE OF THE BOARD OF EXAMINERS OF PATENT ATTORNEYS.

I , of ,

hereby apply for a Certificate of the Board of Examiners of Patent Attorneys, under regulation 20A of the Patent Attorneys Regulations, that I have satisfied the Board that Ihave the qualifications referred to in [here insert “paragraph (a)”, “paragraph (b)”, “paragraph (c)” or “paragraph (d)”] of sub-regulation (1.) of regulation 20 of those Regulations.

2. I have the following qualifications:—

[here insert the qualifications possessed by the applicant, being qualifications referred to in paragraph (a), (b),(c) or (d) of sub-regulation (1.) of regulation 20 of the Patent Attorneys Regulations].

3. I furnish herewith the following evidence that I have the qualifications referred to in paragraph 2 of this application:—

Dated this day of , 19 .

Signature.

To:

The Secretary,

Board of Examiners of Patent Attorneys.

   

FORM 3B.

Regulation 20a.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-1962.

CERTIFICATE OF THE BOARD OF EXAMINERS OF PATENT ATTORNEYS.

The Board of Examiners of Patent Attorneys hereby certifies that  , of , has satisfied the Board that he has the following qualifications:—

[here insert the qualifications possessed by the applicant for the certificate (being qualifications referred to in paragraph (a),(b), (c) or (d) of sub-regulation (1.) of regulation 20 of the Patent Attorneys Regulations) and, where applicable in relation to the applicant, particulars of any course or examination approved by the Board, and of any university or technical institution recognized by the Board, for the purposes of that regulation].

Dated this day of , 19 .

For and on behalf of the Board of Examiners

of Patent Attorneys.

Secretary.

 

FORM 4. Regulation 22.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-1962.

APPLICATION FOR CERTIFICATE OF THE BOARD OF EXAMINERS OF PATENT ATTORNEYS.

I, , of , hereby apply for a Certificate of the Board of Examiners of Patent Attorneys, under regulation 22 of the Patent Attorneys Regulations, that

[insert in the case of a person who has passed in all the subjects of the examination referred to in sub-regulation (1.) of regulation 10 of the Patent Attorneys Regulations]

I have passed in all the subjects of the examination referred to in sub-regulation (1.) of regulation 10 of the Patent Attorneys Regulations.

or

[insert in the case of a person in relation to whom an examination is prescribed by sub-regulation (2.) of regulation 19 of the Patent Attorneys Regulations]

I have passed in all the subjects of the examination prescribed in relation to me by sub-regulation (2.) of regulation 19 of the Patent Attorneys Regulations.

or

[Insert in the case of a person who is a legal practitioner or is registered as a patent agent in the United Kingdom]

I have passed in the following subjects of the examination referred to in sub-regulation (1.) of regulation 10 of the Patent Attorneys Regulations, being the subjects in which I am required to pass:—

[here insert the names of the subjects].

FORM 4—continued.

2. [Insert where the applicant has been issued with a certificate in accordance with Form 3B.]

On the day of , 19 , the Board of Examiners of Patent Attorneys issued to me a certificate in accordance with Form 3B in the First Schedule to the Patent Attorneys Regulations.

or

2.[Insert where the applicant has not been issued with a certificate in accordance with Form 3B.]

I have the following qualifications:—

[here insert the qualifications possessed by the applicant, being qualifications referred to in paragraph (a), (b), (c) or (d) of sub-regulation (1.) of regulation 20 of the Patent Attorneys Regulations].

3. [Insert where the applicant has not been issued with a certificate in accordance with Form 3B.]

I furnish herewith the following evidence that I have the qualifications referred to in paragraph 2 of this application:—

Dated this day of , 19 .

Signature.

To:

The Secretary,

Board of Examiners of Patent Attorneys.

First Schedule —Form 5.

9. Form 5 in the First Schedule to the Patent Attorneys Regulations is amended—

(a) by inserting in paragraph (a)(first occurring) and paragraph (a) (third occurring), before the words “regulation 10 of the Patent Attorneys Regulations”, the words “sub-regulation (1.) of”; and

(b) by omitting paragraph (b)and inserting in its stead the following paragraph:—

“(b) has satisfied the Board that he has the following qualifications:—

[here insert the qualifications possessed by the applicant for the certificate (being qualifications referred to in paragraph (a),(b), (c) or (d) of sub-regulation (1.) of regulation 20 of the Patent Attorneys Regulations) and, where applicable in relation to the applicant, particulars of any course or examination approved by the Board, and of any university or technical institution recognized by the Board, for the purposes of that regulation].”.

First Schedule —Form 6.

10. Form 6 in the First Schedule to the Patent Attorneys Regulations is amended by inserting in sub-paragraph (a)(first occurring) of paragraph 4, before the words “regulation 10 of the Patent Attorneys Regulations”, the words “sub-regulation (1.) of”.

Second Schedule.

11. The Second Schedule to the Patent Attorneys Regulations