Patents Amendment Regulations 1999 (No. 3) (Cth)

Patents Amendment Regulations 1999 (No. 3)

Statutory Rules 1999 No. 261

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 thePatents Act 1990.

Dated 20 October 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

warren entsch

Parliamentary Secretary to the Minister for Industry,

Science and Resources

for the Minister for Industry, Science and Resources

Patents Amendment Regulations 1999 (No. 3)1

Statutory Rules 1999 No. 2612

made under the

Patents Act 1990

   

Contents

Page

• •
• •
• •

 

Do not delete: Part placeholder

Do not delete: Division placeholder

1Name of Regulations

 These Regulations are the Patents Amendment Regulations 1999 (No. 3).

2Commencement

 These Regulations commence as follows:

• (a)

  on gazettal — regulations 1 to 4 and Schedule 1;

• (b)

  on 1 January 2000 — Schedule 2.

3Amendment of Patents Regulations 1991

 Schedules 1 and 2 amend the Patents Regulations 1991.

4Transitional

 Paragraphs 6.3 (ea) and (eb) as substituted by these Regulations do not apply to a patent or patent application for which, before the commencement of these Regulations, the Commissioner extended the time for making an application under section 38 or 94 of the Act.

Schedule 1Amendments commencing on gazettal

Do not delete: Schedule Part placeholder

(regulation 3)

[1]Paragraph 4.3 (2) (b)

substitute

• (b)

  a document required to be produced under paragraph 210 (c) of the Act, if the Commissioner has reasonable grounds for believing that the document or information in the document should not be open to public inspection;

• (c)

  a document that contains information from a document to which paragraph (b) applies.

[2]After paragraph 6.3 (e)

insert

• (ea)

  if, under section 223 of the Act, the Commissioner has extended the time for making, under section 38 of the Act, a complete application associated with a provisional application — the date 12 months after the date of making the first provisional application with which the complete application is associated;

• (eb)

  if, under section 223 of the Act, the Commissioner has extended the time for making, under section 94 of the Act, a Convention application

  in relation to a basic application — the date 12 months after the date of making the first basic application to which the Convention application relates;

[3]Subregulation 8.3 (1)

substitute

• (1)

  For paragraph 228 (2) (t) of the Act, the Act is modified under this regulation for PCT applications that are treated as patent applications under the Act.

[4]Schedule 7, after item 32

insert

33	On filing, within 3 weeks before the due date for publication under section 54 of the Act of a notice about a complete specification, a request under subsection 37 (1) of the Act that the complete application be treated as a provisional application	$1,000
34	On lodging, within 3 weeks before the due date for publication under section 54 of the Act of a notice about a complete specification, a notice of withdrawal of the patent application under section 141 of the Act	$1,000

Schedule 2Amendments commencing on 1 January 2000

Do not delete: Schedule Part placeholder

(regulation 3)

[1]Regulation 6.3

omit

For the purposes of

insert

• (1)

  For

[2]Paragraph 6.3 (f)

substitute

• (f)

  for a patent granted on a divisional application made under subsection 39 (1) of the Act, the earlier of:

  • (i)

    the date of the patent of the first-mentioned application referred to in subsection 39 (1) of the Act; or

  • (ii)

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

    first-mentioned application; or

  • (iii)

    if that first-mentioned application was itself a divisional application or was amended to be a divisional application before filing the later application — the date that would be the date of the patent if a patent had been granted on the divisional application;

• (g)

  for a patent granted on a divisional application made under subsection 39 (2) of the Act — the date of the first-mentioned petty patent referred to in that subsection.

[3]Regulation 6.3

insert

• (2)

  However, for paragraphs (1) (f) and (g), if:

  • (a)

    the date of the patent was recorded in the Register before 1 January 2000; or

  • (b)

    for a divisional application, the Commissioner determined a different date of the patent and told the applicant in writing before 1 January 2000;

 the date of the patent is that date.

Notes

1. These Regulations amend 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, 257, 264, 291, 319, 342 and 345; 1999 Nos. 154 and 184.

2. Made by the Governor-General on 20 October 1999, and notified in the Commonwealth of Australia Gazette on 27 October 1999.