Patents Act 1903

Legislation au C1903A00021 Not in force Act

Legislation content

PATENTS.

 

 

No. 21 of 1903.

An Act relating to Patents of Inventions.

[Assented to 22nd October, 1903.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

PART I.—INTRODUCTORY.

Short title.

1. This Act may be cited as the Patents Act 1903.

Commencement.

2. This Act shall commence on a day to be fixed by proclamation.

Parts.

3. This Act is divided as follows:—

Part I.—Introductory.

Part II.—Administration.

Division 1.—The Minister, the Commissioner, and the Patent Office.

Division 2.—The transfer of the administration of State Patent Acts.

Part III.—The Register of Patents.

Part IV.—Procedure.

Division 1.—Applications.

Division 2.—Opposition.

Division 3.—Patents and their Sealing.

Division 4.—Amendment of Specifications.

Division 5.—Extensions of Patents.

Division 6.—Patents for Improvements to Inventions.

Division 7.—Revocations of Patents.

Part V.—Working of Patents and Compulsory Licences.

Part VI.—Infringements of Patents.

Part VII.—The Crown.

Part VIII.—Patent Attorneys.

Part IX.—Regulations and Fees.

Part X.—Miscellaneous.


Definitions.

4. In this Act except where otherwise clearly intended—

“Actual Inventor” does not include a person importing an invention from abroad;

“Commissioner” means the Commissioner of Patents appointed pursuant to this Act;

“Invention” means any manner of new manufacture the subject of letters patent and grant of privilege within section six of the Statute of Monopolies (that is the Act of the twenty-first year of the reign of King James the First, chapter three, intituled “an Act concerning monopolies and dispensations, with penal laws and the forfeiture thereof”), and includes an alleged invention;

“Law Officer” means the Attorney-General or Crown Solicitor of the Commonwealth;

“Patent” means letters patent for an invention granted in the Commonwealth;

“Patent Office” means the Patent Office established under this Act;

“Patentee” means person for the time being entitled to the benefit of a patent;

“Patented Article” means an article in respect of which a patent has been granted;

“Prescribed” means prescribed by this Act or by regulations made thereunder;

“Regulations” means regulations under this Act;

“State” means a State of the Commonwealth and includes a colony which has become a State;

“State Patent Act” means any State Act relating to patents and includes all regulations thereunder;

“Supreme Court” means the Supreme Court of the State in which the Patent Office is situated or a Judge thereof;

“This Act” includes all regulations made thereunder.

46 & 47 Vict. c. 57 s. 46.

Penalties at foot of sections.

5. The penalties at the foot of sections indicate that any contravention of the section, whether by act or omission, shall be an offence against this Act, punishable upon conviction by a penalty not exceeding the penalty mentioned.

Saving of rights under State Acts.

6. This Act shall not affect any proceedings pending under any State Patent Act nor any right or liability acquired or incurred…

Overview

The Patents Act 1903 was enacted to provide a unified framework for the administration and regulation of patents across the Commonwealth of Australia, replacing the various state-level patent laws. This Act was introduced by the Parliament of Australia to address the need for a cohesive national approach to patent law, which was previously fragmented among the states. The key objective of the Act was to streamline the patent application process, ensure uniform patent protection, and establish a central authority for patent administration. The Act establishes the Patents Office under the Department of Patents and vests the administration of patent laws in the Commonwealth. It outlines the procedures for patent application, examination, and grant, including provisions for provisional and complete specifications, opposition, and the sealing of patents. Additionally, the Act details the rights and obligations of patentees, the working of patents, and the mechanisms for revocation and compulsory licensing. It also addresses the role of patent attorneys and the imposition of penalties for offences related to patent fraud and misuse.

Scope and Application

The Patents Act 1903 applies to individuals and entities seeking to secure patents for inventions within Australia. This includes the actual inventor, assignees, agents, attorneys, or nominees of the inventor. The Act establishes the procedures for patent applications, examinations, and approvals, as well as the rights and obligations of patent holders and the consequences of patent infringement. The Act applies to the entire Commonwealth of Australia, and it also includes provisions for the extension of patents to cover British possessions and foreign states under certain conditions. The Act allows for the compulsory licensing of patents under certain conditions to meet public needs, and it also includes provisions for the protection of inventions in international waters. The Act excludes certain inventions from patentability if their use would be contrary to law or morality. The Act also includes provisions for the registration of patent attorneys and the fees associated with patent applications and maintenance. The Act is subject to amendment through subordinate regulations, which must be made by the Governor-General and are subject to disallowance by Parliament.

Key Provisions

  • The Patents Act 1903 sets out the legal framework for patents in Australia. It establishes the procedure for applying for, granting, and maintaining patents. It also provides for the administration of patents by the Commissioner of Patents and the Patent Office. Some of the key provisions are:
  • - Section 32 allows any person, whether a British subject or not, to apply for a patent. Applications must be made in the prescribed form and accompanied by either a provisional or complete specification.
  • - Sections 39-48 govern the examination of applications and specifications by examiners. If there are objections, the Commissioner may require the applicant to amend the application or specification. Appeals can be made to the Law Officer or Court.
  • - Sections 62-65 outline the effect and extent of a granted patent, which grants the patentee exclusive rights to make, use, and sell the invention in Australia for 14 years. Patents can be extended for up to 7 years in exceptional cases.
  • - Sections 84-86 provide for the revocation of patents through a petition to the Court on various grounds, such as fraud or lack of novelty.
  • - Sections 87-91 establish the procedure for compulsory licenses, which can be granted if the public's reasonable requirements for a patented invention are not being met.
  • - Sections 112-116 impose penalties for offences against the Act, such as making false representations or attempting to commit an offence, with penalties including imprisonment and fines.
  • So in summary, the Act establishes the procedure for applying for and granting patents, outlines the rights and obligations of patentees, and provides for the revocation and compulsory licensing of patents, all while imposing penalties for offences against the Act.

Legal classification tags

Area of Law
Intellectual Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Offence Provisions
Enforcement Powers
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.