Patents Amendment Regulations 1998 (No. 6) (Cth)

Statutory Rules 1998No. 264 1

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Patents Amendment Regulations 1998 (No. 6)2

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Patents Act 1990.

Dated 25 August 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

J. MOORE

Minister for Industry, Science and Tourism

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1.   Name of regulations

1.1   These regulations are the Patents Amendment Regulations 1998 (No. 6).

2.   Commencement

2.1   Subregulations 7.1, 7.2 and 7.4 commence on 1 November 1998.

2.2   The remainder of these regulations commence on gazettal.

3.   Amendment

3.1   The Patents Regulations 1991 are amended as set out in these regulations.

4.   Regulation 13.3 (Continuation fees for standard patents)

4.1   Subregulation 13.3 (1):

Omit the subregulation, substitute:

 “(1) For paragraph 142 (2) (d) of the Act:

• (a)

  a continuation fee for an application for a standard patent is payable for a relevant anniversary at the last moment of the anniversary; and

• (b)

  the period in which the fee must be paid is the period ending at the last moment of the anniversary.

 “(1A)However, if the continuation fee is paid within 6 months after the end of the relevant anniversary (6 month period):

• (a)

  the period mentioned in paragraph (1) (b) is taken to be extended until the fee is paid; and

• (b)

  the additional fee stated in column 3 of item 7 of Part 2 of Schedule 7 is payable from the first day of the 6 month period.”.

4.2   Subregulation 13.3 (3):

Omit the subregulation, substitute:

 “(3) In this regulation, relevant anniversary, for an application for a standard patent, means an anniversary:

• (a)

  of the date that would be the date of the patent if a patent had been granted on the application; and

• (b)

  that is mentioned in column 2 of item 7 of Part 2 of Schedule 7.”.

Note   The following notes are inserted after regulation 13.3:

“Note 1 For the date of a patent, see section 65 of the Act and regulation 6.3.

Note 2   For the fees payable, see regulation 22.2.”.

5.   Regulation 13.6 (When renewal fees are payable)

5.1   Subregulations 13.6 (1), (2) and (3):

Omit the subregulations, substitute:

 “(1) For paragraph 143 (a) of the Act:

• (a)

  a renewal fee for a standard patent is payable for a relevant anniversary at the last moment of the anniversary; and

• (b)

  the period in which the renewal fee must be paid is the period ending at the last moment of the anniversary.

 “(2)However, if the renewal fee is paid within 6 months after the end of the relevant anniversary (6 month period):

• (a)

  the period mentioned in paragraph (1) (b) is taken to be extended until the fee is paid; and

• (b)

  the additional fee stated in column 3 of item 7 of Part 2 of Schedule 7 is payable from the first day of the 6 month period.

 “(3) If a continuation fee is paid for a relevant anniversary in accordance with regulation 13.3, the renewal fee for that anniversary is taken to have been paid.”.

5.2   After subregulation 13.6 (5), insert:

 “(6) In this regulation, relevant anniversary, for a standard patent, means an anniversary:

• (a)

  of the date of the patent; and

• (b)

  that is mentioned in column 2 of item 7 of Part 2 of Schedule 7.”.

Note   The following notes are inserted after regulation 13.6:

“Note 1   For the date of a patent, see section 65 of the Act and regulation 6.3.

Note 2   For the fees payable, see regulation 22.2.”.

6.   Regulation 22.11 (Extension of time)

6.1   Paragraph 22.11 (3) (b):

Omit the paragraph, substitute:

• “(b)

  paying a fee in the 6 monthperiod stated in subregulation 13.3 (1A) or 13.6 (2);”.

7.   Schedule 7, Part 2 (General fees)

7.1   Item 4, column 3:

Omit “$350”, substitute “$290”.

7.2   Item 7:

Omit paragraphs (a) and (b) from column 2 and the fees for those paragraphs from column 3.

7.3   Item 7, column 3:

Omit “$65”, substitute “in addition to any other fee payable in relation to this item — $65”.

7.4   Item 12:

Omit the item.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 August 1998.

2. Statutory Rules 1991 No. 71 as amended by 1991 No. 456; 1992 No. 148; 1993 Nos. 113, 227, 340 and 341; 1994 Nos. 182, 317 and 387; 1995 Nos. 16, 20, 82 and 427; 1996 No. 271; 1997 Nos. 192 and 345; 1998 Nos. 45, 56, 141, 241 and 257.