PATENTS.
No. 76 of 1930.
An
Act to amend the Patents Act 1903-1922.
[Assented
to 16th December, 1930.]
BE it enacted by the King’s Most
Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth
of Australia, as follows:—
Short
title and citation.
1.—(1.) This Act may be cited as the Patents Act 1930.
(2.) The Patents Act 1903-1921 is in this Act
referred to as the Principal Act.
(3.) The Principal Act,
as amended by this Act, may be cited as the Patents
Act 1903-1930.
Commencement.
2.This Act shall commence on a date to be fixed by
Proclamation.
Application
of Acts.
3.—(1.) The amendments made by this Act to section
sixty-four and to the First and Second Schedules of the Principal Act shall
apply to applications made after the commencement of this Act, and to patents
granted on such applications, but shall not apply to patents granted on
applications made before the commencement of this Act.
(2.) The provisions of
section sixty-four and of the First and Second Schedules to the Principal Act
shall continue to apply to patents granted on applications made before the
commencement of this Act, as if this Act had not been passed.
Payment
of renewal fees.
4. Section sixty-four of the Principal Act is amended—
(a)by omitting from
sub-section (2.) the word “the” (second occurring) and inserting in its stead
the word “any”; and
(b)by omitting from
sub-section (3.) the word “the” (first occurring) and inserting in its stead
the word “any”.
Repeal
of First Schedule.
5. The First Schedule to the Principal Act is repealed and the
following Schedule inserted in its stead:—
“THE FIRST
SCHEDULE.
Commonwealth
of Australia
George V., by the Grace of God of Great Britain, Ireland and
the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of
India:
To
all to whom these presents shall come greeting:
Whereas of ,
in the State of , has, pursuant
to the Patents Act 1903-1930, made
application for letters patent of an invention for and
has made a declaration in the prescribed form that and
has by a complete specification fully described and ascertained the invention.
Now, therefore, we do by
these Letters Patent give and grant to the said (hereinafter
called the patentee) our especial licence full power sole privilege and
authority that the said patentee by himself his agents or licensees and no
others may at all times hereafter during the term of years herein mentioned
make use exercise and vend the said invention within the Commonwealth of
Australia in such manner as to him or them may seem meet and that the said
patentee shall have and enjoy the whole profit and advantage from time to time
accruing by reason of the Said invention during the term of sixteen years from
the date hereunder written of these presents:
Provided always that these letters
patent are subject to the following conditions:—
(1) That these letters
patent shall be void if it is made to appear that this grant is contrary to law
or is prejudicial or inconvenient to our subjects in general, or that the said
invention is not a new invention, or that the patentee, is not (here set out
the statement in the declaration); and
(2)That these letters patent shall cease and determine if the
patentee fails to pay any renewal fee set out in the Second Schedule to the Patents Act 1903-1930on the date when it becomes due or
within such further time as may be allowed.
And we do grant unto the
patentee that these letters patent shall be construed in the most beneficial
sense for the advantage of the patentee.
In witness whereof we
have caused these our letters to be made patent this day of One thousand nine hundred and
to be sealed as of the day
of One thousand nine hundred .
[Seal of Patent Office.] Commissioner
of Patents.
[See back.
Renewal Fees.
The
renewal fees on these Letters Patent are as set out in the following table, and
each renewal fee is to be paid to the Commissioner of Patents:—
Renewal
Fees. | Amount.
|
£ | s | d. |
Before
the expiration of the fifth year from the date of the patent.....................
| 1 | 0 | 0 |
Before
the expiration of the sixth year from the date of the patent....................
| 1 | 10 | 0 |
Before
the expiration of the seventh year from the date of the patent................
| 2 | 0 | 0 |
Before
the expiration of the eighth year from the date of the patent..................
| 2 | 10 | 0 |
Before
the expiration of the ninth year from the date of the patent....................
| 3 | 0 | 0 |
Before
the expiration of the tenth year from the date of the patent....................
| 3 | 10 | 0 |
Before
the expiration of the eleventh year from the date of the patent...............
| 4 | 0 | 0 |
Before
the expiration of the twelfth year from the date of the patent.................
| 4 | 10 | 0 |
Before
the expiration of the thirteenth year from the date of the patent.............
| 5 | 0 | 0 |
Before
the expiration of the fourteenth year from the date of the patent............
| 5 | 10 | 0 |
Before
the expiration of the fifteenth year from the date of the patent...............
| 6 | 0 | 0”. |
Second
Schedule—Fees.
6.The Second Schedule to
the Principal Act is repealed and the second following Schedule inserted in its
stead:—
“THE SECOND
SCHEDULE.
Fees.
|
£ | s
| d
|
On lodging application
accompanied by provisional specification ........................
| 1 | 0 | 0 |
On lodging application
accompanied by complete specification ...........................
| 3 | 0 | 0 |
On lodging complete
specification after a provisional specification......................
| 2 | 0 | 0 |
On acceptance of
complete specification.............................................................
| 2 | 0 | 0 |
For preparation of
patent for sealing ..................................................................
| 5 | 0 | 0 |
On filing notice of
opposition.............................................................................
| 2 | 0 | 0 |
Before the expiration
of the fifth year from the date of the patent..........................
| 1 | 0 | 0 |
Before the expiration
of the sixth year from the date of the patent.........................
| 1 | 10 | 0 |
Before the expiration
of the seventh year from the date of the patent.....................
| 2 | 0 | 0 |
Before the expiration
of the eighth year from the date of the patent.......................
| 2 | 10 | 0 |
Before the expiration
of the ninth year from the date of the patent........................
| 3 | 0 | 0 |
Before the expiration
of the tenth year from the date of the patent.........................
| 3 | 10 | 0 |
Before the expiration
of the eleventh year from the date of the patent....................
| 4 | 0 | 0 |
Before the expiration
of the twelfth year from the date of the patent......................
| 4 | 10 | 0 |
Before the expiration
of the thirteenth year from the date of the patent..................
| 5 | 0 | 0 |
Before the expiration
of the fourteenth year from the date of the patent.................
| 5 | 10 | 0 |
Before the expiration
of the fifteenth year from the date of the patent....................
| 8 | 0 | 0”. |