Patents Act 1933 (Cth)

 

PATENTS.

 

No. 57 of 1933.

An Act to amend the Patents Act 1903-1932.

[Assented to 14th December, 1933.]

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 1933.

(2.) The Patents Act 1903-1932 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 1903-1933.

Extension of Act to New Guinea.

2.—(1.) Section four b of the Principal Act is amended by omitting from paragraph (a) of sub-section (3.) the word “or” (second occurring) and inserting in its stead the word “on”.

(2.) This section shall be deemed to have commenced on the date of commencement of the Patents Act 1921.

3. After section four b of the Principal Act the following section is inserted:—

Extension of Act to Norfolk Island.

“4c.—(1.) On and after a date to be fixed by proclamation, this Act shall apply to the Territory of Norfolk Island as if that Territory were part of the Commonwealth, and no application for a patent under any patent law (other than this Act) applying to that Territory shall be receivable except pursuant to some right previously acquired.

“(2.) For the purposes of the application of this Act to the Territory of Norfolk Island, any reference in this Act to the Commonwealth or to Australia shall be deemed to include a reference to the Territory of Norfolk Island.

“(3.) Nothing in this section shall affect—

(a) any application for a patent lodged at the Patent Office prior to the date fixed by proclamation under this section, or any patent granted on any application so lodged; or

(b) any application for a patent lodged or made in Norfolk Island prior to the said date, or any patent granted on any application so lodged or made.”.

Death of applicant.

4.—(1.) Section sixty-eight of the Principal Act is amended—

(a) by omitting the words “expiration of the sixteen months aforesaid” and inserting in their stead the words “sealing of a patent on the application”; and

(b) by omitting the words “and sealed at any time within twelve months after the death of the applicant”.

(2.) The last preceding sub-section shall be deemed to have commenced on the first day of January, One thousand nine hundred and thirty-three.