Patent Attorneys Regulations (Cth)
PATENT ATTORNEYS REGULATIONS
- In force under the Patents Act 1952
- Reprinted as at 31 October 1984 (HISTREG CHAP 391 #DATE 31:10:1984)
- In force under the Patents Act 1952
- Reprinted as at 31 October 1984 (HISTREG CHAP 391 #DATE 31:10:1984)
*1* The Patent Attorneys Regulations (in force under the Patents Act 1952 ) as shown in this reprint comprise Statutory Rules 1954 No. 40 amended as indicated in the Tables below.
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Date of Application,
saving
Year and notification Date of or transitional
number in Gazette commencement provisions
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1954 No. 40 21 Apr 1954 21 Apr 1954
1957 No. 2 14 Feb 1957 14 Feb 1957 -
1960 No. 14 18 Feb 1960 18 Feb 1960 -
1964 No. 3 16 Jan 1964 16 Jan 1964 -
1969 No. 213 30 Dec 1969 30 Dec 1969 -
1974 No. 206 29 Oct 1974 15 Nov 1974 -
1975 No. 200 4 Nov 1975 4 Nov 1975 -
1976 No. 237 9 Nov 1976 9 Nov 1976 -
1977 No. 178 14 Oct 1977 17 Oct 1977 -
1982 No. 233 27 Sept 1982 1 Oct 1982 -
1983 No. 207 29 Sept 1983 3 Oct 1983 -
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Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
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Provision affected How affected
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R. 2 . . . . . . . . rep. 1982 No. 233
R. 3 . . . . . . . . am. 1977 No. 178
Rr. 5, 6 . . . . . . am. 1976 No. 237
R. 9 . . . . . . . . am. 1976 No. 237
R. 11 . . . . . . . . am. 1964 No. 3
R. 13 . . . . . . . . am. 1969 No. 213
R. 15 . . . . . . . . am. 1964 No. 3
R. 16 . . . . . . . . am. 1976 No. 237
R. 17 . . . . . . . . am. 1969 No. 213
R. 18 . . . . . . . . rs. 1957 No. 2
am. 1969 No. 213
R. 19 . . . . . . . . am. 1957 No. 2; 1964 No. 3
R. 20 . . . . . . . . am. 1960 No. 14; 1964 No. 3; 1969 No. 213
R. 20A . . . . . . . ad. 1960 No. 14
am. 1964 No. 3
R. 21 . . . . . . . . am. 1964 No. 3
R. 22 . . . . . . . . am. 1957 No. 2; 1964 No. 3
R. 27 . . . . . . . . am. 1976 No. 237
R. 29 . . . . . . . . am. 1976 No. 237
R. 31 . . . . . . . . am. 1957 No. 2
First Schedule . . . am. 1957 No. 2; 1960 No. 14; 1964 No. 3; 1975 No.
200
Second Schedule . . . am. 1964 No. 3
rs. 1974 No. 206; 1977 No. 178; 1982 No. 233
am. 1983 No. 207
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PATENT ATTORNEYS REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
3. Interpretation
PART II-FEES
4. Fees
PART III-REGISTRATION OF PATENT ATTORNEYS
5. Board of Examiners of Patent Attorneys
6. Election of members of the Board
7. Chairman of the Board
8. Quorum
9. Secretary to the Board
10. Prescribed examinations
11. Subjects to be passed by legal practitioners or patent agents
12. Particulars of subjects
13. Time for holding examinations
14. Applications by candidates
15. Eligibility for admission to examination in certain subjects
16. Appointment of examiners
17. Report as to reasons for failure
18. Supplementary examinations
19. Effect of passes at examinations under repealed Regulations
20. Other qualifications required
20A. Board may issue certificate of technical qualifications
21. Prescribed employment
22. Application for certificate of the Board
23. Registration of patent attorney
24. Certificate of registration
PART IV-REMOVAL OF NAMES OF PATENT ATTORNEYS FROM THE
REGISTER
25. Prescribed grounds for removal from Register of name of patent
attorney
26. Notice to patent attorney to show cause
27. Hearings by the Commissioner
28. Notice of order
29. Appeal against order
30. Removal of patent attorney's name from Register
31. Removal for non-payment of annual registration fee
32. Restoration of patent attorney's name to the Register
PART V-RIGHTS OF PATENT ATTORNEYS
33. Lien
THE SCHEDULES
FIRST SCHEDULE
FORMS
SECOND SCHEDULE
FEES
PATENT ATTORNEYS REGULATIONS - PART I
PART I-PRELIMINARY
PATENT ATTORNEYS REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Patent Attorneys Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
PATENT ATTORNEYS REGULATIONS - REG 3
Interpretation
3. (1) In these Regulations, unless the contrary intention appears-
"examination" means an examination referred to in sub-regulation 10 (1);
"patent attorney" means a person registered as a patent attorney under Part XV of the Act;
"the Act" means the Patents Act 1952;
"the Board" means the Board of Examiners of Patent Attorneys established by these Regulations;
"the Register" means the Register of Patent Attorneys kept in pursuance of section 133 of the Act;
"the repealed Regulations" means the Patent Regulations, 1912 as in force immediately before the commencement of the Act.
(2) In these Regulations, a reference to a form by number is a reference to the form so numbered in the First Schedule to these Regulations.
PATENT ATTORNEYS REGULATIONS - PART II
PART II-FEES
PATENT ATTORNEYS REGULATIONS - REG 4
Fees
4. (1) The fees specified in column 3 of the Second Schedule to these Regulations are, in respect of the respective matters in column 2 of that Schedule opposite to which they are so specified, prescribed fees for the purposes of section 176 of the Act. (2) Payment of fees shall be made at the Patent Office by such means, and in such manner, as the Commissioner directs.
PATENT ATTORNEYS REGULATIONS - PART III
PART III-REGISTRATION OF PATENT ATTORNEYS
PATENT ATTORNEYS REGULATIONS - REG 5
Board of Examiners of Patent Attorneys
5. (1) For the purposes of this Part, there shall be a Board of Examiners of Patent Attorneys, which shall consist of-
(a) the Commissioner of patents;
(b) two members elected by and from the patent attorneys; and
(c) such number of members, not being less than two, as the Minister appoints.
(2) Subject to the next succeeding sub-regulation, an elected member of the Board shall hold office for a period of three years commencing on the date on which the Minister publishes in the Official Journal the result of the election at which that member is elected.(3) Where a vacancy in an office of an elected member occurs otherwise than by the expiration of the term for which that member is entitled to hold office, a member of the Board elected in the place of that first-mentioned member shall hold office until the expiration of that term.
(4) An appointed member of the Board shall hold office during the pleasure of the Minister.
(5) The members of the Board of Examiners of Patent Attorneys established under the repealed Regulations who, immediately before the commencement of these Regulations, were-
(a) elected members of that Board; and
(b) appointed members of that Board,
shall be deemed to have been elected, or appointed, as the case requires, as members of the Board established under this regulation.(6) The members deemed, under the last preceding sub-regulation, to have been elected as members of the Board shall hold office until-
(a) the expiration of the term for which they were entitled to hold office under the repealed Regulations; or
(b) one of those members ceases to be a member,
whichever first occurs.
PATENT ATTORNEYS REGULATIONS - REG 6
Election of members of the Board
6. (1) An election of members of the Board shall be held in such manner as the Minister, by notice published in the Official Journal, directs. (2) The Minister shall, by notice published in the Official Journal, declare the result of each election held in pursuance of this regulation.
PATENT ATTORNEYS REGULATIONS - REG 7
Chairman of the Board
7. (1) The Commissioner of Patents shall be the Chairman of the Board and shall preside at all meetings of the Board at which he is present. (2) In the absence of the Commissioner of Patents from a meeting of the Board, the Deputy Commissioner of Patents shall, if he is a member of the Board and is present at the meeting, preside at the meeting.
(3) If neither the Commissioner nor the Deputy Commissioner of Patents is present at a meeting of the Board, the members of the Board present at that meeting shall appoint one of their number to preside at the meeting.
(4) The member of the Board who presides at a meeting of the Board has a deliberative vote and in the event of an equality of votes also has a casting vote.
PATENT ATTORNEYS REGULATIONS - REG 8
Quorum
8. At a meeting of the Board, four members of the Board constitute a quorum.
PATENT ATTORNEYS REGULATIONS - REG 9
Secretary to the Board
9. (1) The Minister may appoint an officer of the Patent Office to be secretary to the Board. (2) The secretary to the Board shall record minutes of the business transacted at the meetings of the Board and shall perform such other duties as the Board directs.
PATENT ATTORNEYS REGULATIONS - REG 10
Prescribed examinations
10. (1) The prescribed examination for the purposes of paragraph (c) of sub-section (3) of section 133 of the Act is an examination conducted by the Board in accordance with these Regulations. (2) The examination shall consist of an examination in each of the following subjects:
(a) Patent Law of Australia and the Practice of the Patent Office;
(b) Trade Marks Law of Australia and the Practice of the Trade Marks Office;
(c) Designs Law of Australia and the Practice of the Designs Office;
(d) Preparation of Specifications;
(e) Interpretation and Criticism of Specifications;
(f) Patent and Trade Marks Law and Practice of Countries other than Australia; and
(g) Patent Attorneys' Practice.
PATENT ATTORNEYS REGULATIONS - REG 11
Subjects to be passed by legal practitioners or patent agents
11. (1) The subjects of the prescribed examination in which a person who is a legal practitioner is required to pass are the subjects specified in paragraphs (d), (e), (f) and (g) of sub-regulation (2) of the last preceding regulation. (2) The subjects of the prescribed examination in which a person who is registered as a patent agent in the United Kingdom is required to pass are the subjects specified in paragraphs (a), (b), (c), (e) and (g) of sub-regulation (2) of the last preceding regulation.
PATENT ATTORNEYS REGULATIONS - REG 12
Particulars of subjects
12. The Board shall, from time to time, determine the scope of the subjects of the examination and the books which are recommended for study by candidates and shall cause particulars of the scope of the subjects and the names of the books to be published in the Official Journal.
PATENT ATTORNEYS REGULATIONS - REG 13
Time for holding examinations
13. (1) The examination of candidates shall be held on such dates, in the month of October, November or December in each year, as the Board determines. (2) The Board shall cause to be published in the Official Journal
adequate notice of the times of, and places for, the holding of the examination and of the date before which applications for admission to the examination are to be made.(3) Sub-regulation (1) of this regulation does not apply to supplementary examinations under regulation 18 of these Regulations.
PATENT ATTORNEYS REGULATIONS - REG 14
Applications by candidates
14. (1) An application for admission as a candidate in a subject of the examination shall be-
(a) in the case of a person other than a legal practitioner or a person registered as a patent agent in the United Kingdom-in accordance with Form 1; and
(b) in the case of a legal practitioner or a person registered as a patent agent in the United Kingdom-in accordance with Form 2.
(2) An application under this regulation shall be lodged with the secretary to the Board at the Patent Office on or before the date notified by the Board under sub-regulation (2) of the last preceding regulation.(3) Where an application is made under this regulation by a person who is a legal practitioner or a person who is registered as a patent agent in the United Kingdom, the person making the application shall, unless he has already done so, furnish with his application evidence of the fact that he is a legal practitioner or a person who is registered as a patent agent, as the case requires.
PATENT ATTORNEYS REGULATIONS - REG 15
Eligibility for admission to examination in certain subjects
15. A person, other than a person who-
(a) is a legal practitioner; or
(b) is registered as a patent agent in the United Kingdom,
is not eligible for admission as a candidate in the subjects specified in paragraphs (d), (e), (f) and (g) of sub-regulation (2) of regulation 10 of these Regulations unless he has passed the examination in the subjects specified in paragraphs (a), (b) and (c) of that sub-regulation.
PATENT ATTORNEYS REGULATIONS - REG 16
Appointment of examiners
16. (1) The Board may appoint examiners for the purposes of the examinations held by the Board. (2) The Board may give to examiners such instructions as the Board considers necessary in relation to the setting of the papers and the examination of the answers.
(3) Examiners appointed under this regulation shall be paid such fees as the Minister directs.
PATENT ATTORNEYS REGULATIONS - REG 17
Report as to reasons for failure
17. Where a candidate who has failed to pass an examination in any subject, makes, within one month after being notified by the Board that he has failed in the subject, application in accordance with Form 3 for a report as to the reasons for his failure, the Board may, in its discretion, furnish the reasons to the candidate.
PATENT ATTORNEYS REGULATIONS - REG 18
Supplementary examinations
18. (1) Where a candidate who has failed to pass an examination in any subject makes application, within one month after being notified by the Board of that failure, for the grant of a supplementary examination in that subject, the Board may, in its discretion, grant the examination. (2) Where a candidate who has been prevented by illness or other sufficient cause from submitting a paper in any subject makes application, within one month of the date on which the examination in that subject was held, for the grant of a supplementary examination in that subject, the Board may, in its discretion, grant the examination.
PATENT ATTORNEYS REGULATIONS - REG 19
Effect of passes at examinations under repealed Regulations
19. (1) A person who, before the commencement of these Regulations, passed, at the Intermediate Part or the Final Part of the examination prescribed by the repealed Regulations, in a subject which is a subject specified in sub-regulation (2) of regulation 10 of these Regulations, shall, for the purposes of sub-section (3) of section 133 of the Act, be deemed to have passed in that subject at the examination prescribed by these Regulations. (2) Where a person has, before the commencement of the Act, passed in all the subjects of the Intermediate Part and the Final Part of the Examination for registration as a patent attorney prescribed by the Patent Regulations, 1912, as in force at any time before the first day of January, 1950, those Parts of that examination are, in relation to that person, the prescribed examination for the purposes of paragraph (c) of sub-section (3) of section 133 of the Act.
PATENT ATTORNEYS REGULATIONS - REG 20
Other qualifications required
20. (1) For the purposes of paragraph (d) of sub-section (3) of section 133 of the Act, the prescribed other qualifications are that the person must be a person of good fame and character and that the person is a person who has satisfied the Board that-
(a) he has passed an examination qualifying him to obtain a degree from a university in the Queen's dominions in a course approved by the Board in a branch of engineering or science;
(b) he has passed an examination qualifying him to obtain a degree or diploma from a technical institution in the Queen's dominions for the time being recognized by the Board as an institution for the purposes of this paragraph in a course approved by the Board in a branch of engineering or science;
(c) he has passed-
(i) an examination qualifying him to obtain a degree in a course approved by the Board in a faculty of engineering or science in a university outside the Queen's dominions recognized by the Board as a university for the purposes of this sub-paragraph or a degree or diploma in a course approved by the Board in a branch of engineering or science from a technical institution outside the Queen's dominions recognized by the Board as an institution for the purposes of this sub-paragraph; and
(ii) if so required by the Board, an examination conducted by or on behalf of the Board for the purposes of establishing that he has qualifications of a standard at least equal to those required under paragraph (a) of this sub-regulation; 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.
(2) The Board shall, before approving, for the purpose of this regulation, a course for a degree or diploma in a branch of engineering or science, have regard to the syllabus for the course during the period in which a person who seeks the approval of the course by the Board undertook the course.(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.
(4) An approval by the Board of a course or examination for the purposes of this regulation may specify that the course or examination approved is a course completed, or an examination passed, after a specified date or during a specified period.
PATENT ATTORNEYS REGULATIONS - REG 20A
Board may issue certificate of technical qualifications
20A. The Board may, if it is satisfied, on application being made in accordance with Form 3A, that the person making the application has the qualifications referred to in paragraph (a), (b), (c) or (d) of sub-regulation (1) of the last preceding regulation, issue to the person a certificate in accordance with Form 3B.
PATENT ATTORNEYS REGULATIONS - REG 21
Prescribed employment
21. For the purposes of paragraph (e) of sub-section (3) of section 133 of the Act, a person who has been employed by a patent attorney as a technical assistant in the conduct of the practice of the patent attorney in matters arising under the Act or the repealed Acts-
(a) in the case of a person employed for not less than five years as a Supervising Examiner of Patents or an Examiner of Patents or in both those capacities-for not less than six months;
(b) in any other case-for not less than one year,
has been employed as prescribed for not less than the prescribed period by a patent attorney.
PATENT ATTORNEYS REGULATIONS - REG 22
Application for certificate of the Board
22. (1) The Board shall, on application being made in accordance with Form 4 by a person-
(a) who-
(i) has passed in all the subjects of the examination referred to in sub-regulation (1) of regulation 10 of these Regulations, or in such of those subjects as he is required to pass in; or
(ii) being a person in relation to whom an examination is prescribed by sub-regulation (2) of regulation 19 of these Regulations, has passed in all the subjects of that examination; and
(b) who has satisfied the Board that he possesses the qualifications referred to in whichever of paragraphs (a), (b), (c) and (d) of sub-regulation (1) of regulation 20 of these Regulations is applicable,
issue to that person a certificate to that effect in accordance with Form 5.(2) A person making an application under the last preceding sub-regulation shall furnish with the application evidence which establishes that he has the qualifications referred to in whichever of paragraphs (a), (b), (c) and (d) of sub-regulation (1) of regulation 20 of these Regulations is applicable.
PATENT ATTORNEYS REGULATIONS - REG 23
Registration of patent attorney
23. (1) An application for registration as a patent attorney shall be in accordance with Form 6 and shall be lodged at the Patent Office. (2) A person making an application under the last preceding sub-regulation shall furnish with his application-
(a) evidence that he is a British subject;
(b) evidence of his age;
(c) the certificate issued to him by the Board under the last preceding regulation and, in the case of a person who is a legal practitioner or is registered as a patent agent in the United Kingdom, evidence of that fact;
(d) evidence that he has been employed as required by regulation 21 of these Regulations for not less than whichever of the periods specified in that regulation is applicable to him; and
(e) certificates in accordance with Form 7 by three persons to whom he has been known and acquainted for not less than twelve months before the date on which each of those persons gives the certificate certifying that the person making the application is of good fame and character.
PATENT ATTORNEYS REGULATIONS - REG 24
Certificate of registration
24. Upon the registration of a person as a patent attorney, the Commissioner shall issue to that person a certificate of registration in accordance with Form 8.
PATENT ATTORNEYS REGULATIONS - PART IV
PART IV-REMOVAL OF NAMES OF PATENT ATTORNEYS FROM THE REGISTER
PATENT ATTORNEYS REGULATIONS - REG 25
Prescribed grounds for removal from Register of name of patent attorney
25. (1) The Commissioner may remove the name of a patent attorney from the Register if-
(a) the patent attorney has been convicted of a crime involving fraud or dishonesty or of any disgraceful crime;
(b) the patent attorney has been guilty of disgraceful conduct in the practice of his profession as a patent attorney; or
(c) he has procured his registration as a patent attorney by fraud or by a false or misleading statement.
PATENT ATTORNEYS REGULATIONS - REG 26
Notice to patent attorney to show cause
26. (1) If the Commissioner considers that a ground specified in the last preceding regulation exists for the removal of the name of a patent attorney from the Register, he shall, by notice in writing served on the patent attorney, call upon the patent attorney to show cause why his name should not be removed from the Register. (2) A notice in writing under the last preceding sub-regulation shall-
(a) specify the ground which the Commissioner considers exists for the removal of the name of the patent attorney from the Register; and
(b) fix a time (not being a time less than ten days after the date of the notice) at which, and place at which, the Commissioner will hear the patent attorney if he desires to show cause.
(3) If the patent attorney intends to show cause, he shall, at least four days before the date fixed by the Commissioner for the hearing, notify the Commissioner of his intention to appear and show cause.
PATENT ATTORNEYS REGULATIONS - REG 27
Hearings by the Commissioner
27. (1) At the time and place fixed in the notice, the Commissioner shall enquire into the matter and, if satisfied that the ground for the removal of the name of the patent attorney from the Register exists, by order under his hand direct that the name of the patent attorney be removed from the Register. (2) At the hearing of the enquiry, the patent attorney is entitled to be represented by a barrister or solicitor, and the patent attorney or the barrister or solicitor representing him may cross-examine a witness called in support of the ground for the removal and may produce evidence in rebuttal of the evidence given by those witnesses.
(3) The Minister may appoint a barrister or solicitor to assist the Commissioner on the hearing of the enquiry.
(4) The Commissioner may, if he considers it necessary or desirable so to do, adjourn the hearing of the enquiry from time to time.
PATENT ATTORNEYS REGULATIONS - REG 28
Notice of order
28. A copy of the order of the Commissioner shall be served on the patent attorney.
PATENT ATTORNEYS REGULATIONS - REG 29
Appeal against order
29. (1) Where the Commissioner has directed that the name of a patent attorney be removed from the Register, the patent attorney may, within one month after the date of the order, appeal, by notice in writing lodged at the Patent Office, to the Minister against the order. (2) The Minister shall hear the appeal and, if satisfied that the ground for the removal of the name of the patent attorney exists, dismiss the appeal, but if not so satisfied, uphold the appeal.
(3) The Minister may, if he thinks fit, hear evidence in addition to the evidence given before the Commissioner.
PATENT ATTORNEYS REGULATIONS - REG 30
Removal of patent attorney's name from Register
30. Where-
(a) a notice of appeal from an order of the Commissioner under regulation 27 of these Regulations is not lodged within the time specified in the last preceding regulation; or
(b) an appeal is lodged and the appeal is dismissed,
the Commissioner shall cause the name of the patent attorney to be removed from the Register.
PATENT ATTORNEYS REGULATIONS - REG 31
Removal for non-payment of annual registration fee
31. (1) The annual registration fee specified in item 6 of the Second Schedule to these Regulations is payable by a patent attorney on the first day of July in each year. (1A) The Commissioner shall cause a notice in accordance with Form 9 to be sent by post, not later than the first day of June in each year, to each patent attorney at the address of that patent attorney as shown in the Register.
(2) If a patent attorney fails to pay the fee specified in item 6 of the Second Schedule to these Regulations within fourteen days after the day on which the fee is payable, the Commissioner shall remove the name of the patent attorney from the Register.
(3) The Commissioner shall cause notice to be given to the person whose name has been removed from the Register of the removal of his name.
PATENT ATTORNEYS REGULATIONS - REG 32
Restoration of patent attorney's name to the Register
32. (1) The Commissioner may, on application being made by a person whose name has been removed under the last preceding regulation and on payment of the fees specified in items 6 and 7 of the Second Schedule, restore the name of that person to the Register. (2) An application under the last preceding sub-regulation shall be lodged at the Patent Office within six weeks after the expiration of the period of fourteen days referred to in sub-regulation (2) of the last preceding regulation or within such further time as the Commissioner allows.
PATENT ATTORNEYS REGULATIONS - PART V
PART V - RIGHTS OF PATENT ATTORNEYS
PATENT ATTORNEYS REGULATIONS - REG 33
Lien
33. A patent attorney has, in relation to documents and property of a client, the same right of lien that a solicitor has in relation to documents and property of a client. ----------------
PATENT ATTORNEYS REGULATIONS - SCHEDULE 1 SCH
THE SCHEDULES
FIRST SCHEDULE
FORM 1
Regulation 3 (2)
AUSTRALIA
Regulation 14
Patents Act 1952
APPLICATION FOR ADMISSION AS A CANDIDATE AT THE EXAMINATION FOR
REGISTRATION AS A PATENT ATTORNEY
I, , of , hereby give notice that I intend to submit
myself for examination in the following subject(s) at the Examination for
Registration as a Patent Attorney to be held in the month of , 19 :
Dated this day of , 19 .
Signature.
To:
The Secretary,
Board of Examiners of Patent Attorneys.
--------
FORM 2
Regulation 14
AUSTRALIA
Patents Act 1952
APPLICATION FOR ADMISSION AS A CANDIDATE AT THE EXAMINATION FOR
REGISTRATION AS A PATENT ATTORNEY BY A LEGAL PRACTITIONER OR
REGISTERED PATENT AGENT
I, , of , hereby give notice that I intend to submit
myself for examination in the following subject(s) at the Examination for
Registration as a Patent Attorney to be held in the month of , 19 :
2. I am a legal practitioner, having been admitted to practice as a
on the day of , 19 , at .
(or)
2. I am a person registered as a patent agent in the United Kingdom, having
been so registered on the day of , 19 .
3. I furnish the following evidence of that fact: (to be furnished only
where the evidence has not already been furnished).
Dated this day of , 19 .
Signature.
To:
The Secretary,
Board of Examiners of Patent Attorneys.
--------
FORM 3
Regulation 17
AUSTRALIA
Patents Act 1952
APPLICATION FOR REPORT AS TO REASONS FOR FAILURE IN AN EXAMINATION
I, , of , hereby apply for a report as to the reasons for
my failure to pass the examination in the following subject of the Examination
for Registration as a Patent Attorney:
Dated this day of , 19 .
Signature.
To:
The Secretary,
Board of Examiners of Patent Attorneys.
--------
FORM 3A
Regulation 20A
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 I have 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
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
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).
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.
--------
FORM 5
Regulation 22
AUSTRALIA
Patents Act 1952-1955
CERTIFICATE OF THE BOARD OF EXAMINERS OF PATENT ATTORNEYS
The Board of Examiners of Patent Attorneys hereby certifies that
of
(a) has passed in all the subjects of the examination referred to in
sub-regulation (1) of regulation 10 of the Patent Attorneys Regulations; and
or
(a) has passed in all the subjects of the examination prescribed in relation
to him by sub-regulation (2) of regulation 19 of the Patent Attorneys
Regulations; and
or
(a) has 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 he, being a legal practitioner, or being a person
registered as a patent agent in the United Kingdom, is required to pass:
(here insert the names of the subjects.); and
(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).
Dated this day of , 19 .
For and on behalf of the Board of
Examiners of Patent Attorneys.
Secretary.
--------
FORM 6
Regulation 23
AUSTRALIA
Patents Act 1952
FORM OF APPLICATION FOR REGISTRATION AS A PATENT ATTORNEY
I, , of , hereby apply for registration as a patent
attorney.
2. I was born at on the day of
, 19 .
3. I am a British subject by reason of .
4. I-
(a) have passed in all the subjects of the examination, being the
examination referred to in sub-regulation (1) of regulation 10 of the Patent
Attorneys Regulations, prescribed for the purposes of paragraph (c) of
sub-section (3) of section 133 of the abovementioned Act in which I am required
to pass; and
or
(a) have passed in all the subjects of the examination, being the
examination referred to in sub-regulation (2) of regulation 19 of the Patent
Attorneys Regulations, prescribed for the purposes of paragraph (c) of
sub-section (3) of section 133 of the abovementioned Act; and
(b) possess the other qualifications prescribed for the purposes of
paragraph (d) of sub-section (3) of section 133 of the abovementioned Act.
(and, in the case of an application by a legal practitioner or a person
registered as a patent agent in the United Kingdom)
person registered as a patent agent in the United Kingdom,
I am a having
legal practitioner,
so registered on the day of , 19 .
been
admitted to practice as a on the day of , 19 , at
.
was
5. I employed by
have been
of , a person registered as a patent attorney under Part XV
of the Patents Act 1952 as a technical assistant in the conduct of his
practice in matters arising under that Act or the Acts repealed by that Act from
the day of
the day of , 19 .
, 19 , to
the date of this application.
6. I am a person of good fame and character and I furnish herewith
certificates by .
(a) , of ;
(b) , of ; and
(c) , of ,
to whom I have been known and acquainted for not less than twelve months.
7. I also furnish herewith the following evidence in support of the statements
made in paragraphs 2, 3, 4 and 5 of this application:
Dated this day of , 19 .
Signature.
To:
The Commissioner of Patents.
--------
FORM 7
Regulation 23
AUSTRALIA
Patents Act 1952
CERTIFICATE AS TO CHARACTER OF APPLICANT FOR REGISTRATION AS A PATENT
ATTORNEY
I, , of , hereby certify that-
(a) I have known and have been acquainted with ,
of , for a period of twelve months at least
immediately before the date of this certificate; and
(b) I know him to be a person of good fame and character.
Dated this day of , 19 .
Signed by the said
in my presence
Signature.
--------
FORM 8
Regulation 24
AUSTRALIA
Patents Act 1952
CERTIFICATE OF REGISTRATION AS A PATENT ATTORNEY
I, , the Commissioner of Patents, hereby certify that
, of , in the State of
in Australia, was, on the day of , 19 , registered as a
patent attorney and that he is authorized to practise as a patent attorney in
any part of Australia so long as his name remains on the Register of Patent
Attorneys.
Given under my hand and the seal of the Patent Office at Canberra this
day of , 19 .
Commissioner of Patents.
--------
FORM 9
Regulation 31 (1A)
AUSTRALIA
Patents Act 1952-1955
NOTICE THAT ANNUAL REGISTRATION FEE IS PAYABLE
To of , a person registered as a patent attorney under Part
XV of the abovementioned Act.
Take notice that, in accordance with the abovementioned Act and the
Regulations made under it, there is payable by you, on the first day of July, 19
, an annual registration fee of pounds.
Dated this day of , 19 .
Commissioner of Patents.
--------
PATENT ATTORNEYS REGULATIONS - SCHEDULE 2 SCH
SECOND SCHEDULE
Regulations 4, 31 and 32
FEES
------------------------------------------------------------------------------ --
Column 1 Column 2 Column 3
Item Matter Fee
------------------------------------------------------------------------------ --
$
1 On lodging application for admission as a candidate at
the examination-per subject . . . . . . . . . . . . . . . 10
2 On lodging application for a grant of a supplementary
examination-per subject . . . . . . . . . . . . . . . . 20
3 On lodging application for report as to reasons for
failure-per subject . . . . . . . . . . . . . . . . . . 20
4 On lodging application for a certificate of the Board
under regulation 22 . . . . . . . . . . . . . . . . . . 20
5 On lodging application for registration as a patent
attorney . . . . . . . . . . . . . . . . . . . . . . . . 120
6 Annual registration fee payable by patent attorney . . 200
7 On lodging application for restoration of name of
patent attorney which has been removed under regulation 32 100
------------------------------------------------------------------------------ --
0
0
0