Patents Regulations 1912 (Amendment) (Cth)

STATUTORY RULES.

1937. No. 50.

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REGULATIONS UNDER THE PATENTS ACT 1903-1935.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Patents Act 1903-1935.

Dated this Seventh day of , 1937.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

SGD. ROBERT G. MENZIES.

Attorney-General.

 

Amendments of the Patents Regulations, 1912.

1. Regulation 14 of the Patents Regulations, 1912 is repealed and the following regulation inserted in its stead:—

Time limit for acceptance of complete specification.

“14—(1) Every complete specification must be accepted within twelve months from the date of application, or within such extended period as the Commissioner, in pursuance of any power conferred otherwise than by this regulation, allows or has allowed, or within such extended period or further extended period (as the case may be), not exceeding six months, as the Commissioner, on application and on payment of the prescribed fee, allows.

“(2) Notwithstanding anything contained in sub-regulation (1) of this regulation—

(a) where a mandamus or an order in the nature of a mandamus is made by the High Court or the Supreme Court directing the Commissioner to proceed to hear and determine an application, the Commissioner may allow, for the acceptance of the complete specification of that application, an extension of time until the expiration of twelve months from the date of the Order of the Court;

(b) where an appeal is made to the Law Officer under section 43 of the Act, the Commissioner may allow, for the acceptance of the complete specification of the application, an extension of time until the expiration of three months from the date of the decision of the Law Officer;

 

*Notified in the Commonwealth Gazette on  , 1937.

 Statutory Rules 1912, No. 76, as amended by Statutory Rules 1913, No. 310; 1914, No. 69; 1915, No. 267; 1916, Nos. 45 and 162; 1918, No. 142; 1919, Nos. 14, 30 and 239; 1920, No. 137; 1923, Nos. 79 and 139; 1924, No. 115; 1930, No. 148; 1931, Nos. 88 and 147; 1932, Nos. 30 and 69; 1933, Nos. 52, 57 and 90; 1934, Nos. 39 and 134; 1935, Nos. 23, 45, 67 and 90; 1936, No. 89; and 1937, No. 19.

1979.—8/23.4.1937.—Price 3d.

 

(c) where the examiner’s first report on an application is not made within six months from the time when the application was lodged in the Patent Office, and the Commissioner is satisfied that the making of that report was not delayed by reason of any delay or omission on the part of the applicant or his attorney, the Commissioner may allow an extension of time for acceptance of the complete specification for such period as he thinks fit;

(d)where an examiner reports adversely on an application or specification and the communication of the report to the applicant is deferred by reason of the fact that the report cites a complete specification of another applicant which is not open to public inspection, the Commissioner may allow, for the acceptance of the complete specification of the first-mentioned applicant, an extension of time equivalent to the period during which the communication of the examiner’s report was deferred;

(e) where a person has given notice of opposition to an application for the grant of a patent for an invention, such opposition being based on any of the grounds specified in paragraphs (a), (b) and (d)of section 56 of the Act, and has also lodged an application for the grant to himself of a patent for the invention, the Commissioner may allow an extension of time for the acceptance of his complete specification for a period of twelve months after the determination of the opposition; and

(f) where the time for acceptance of a complete specification has been extended, and an application for a separate patent for any invention excluded from that complete specification by amendment has, under regulation 11 of these Regulations, been ante-dated, the Commissioner may allow an extension of time for the acceptance of the complete specification accompanying the ante-dated application, for any period not exceeding the period already allowed in respect of the complete specification accompanying the first-mentioned application.

“(3) No fee shall be payable in respect of any extension of time allowed in pursuance of sub-regulation (2) of this regulation.”.

Foreign specification, &c., to accompany application.

2. Regulation 31 of the Patents Regulations, 1912 is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—

“(1) In addition to the specification left with the application, a copy or copies of the specification or specifications and drawings, or documents corresponding thereto, filed or deposited by the applicant in the Patent Office of the Foreign State or British Possession in respect of the first foreign application, duly certified by the official chief or head of the Patent Office of that Foreign State or British Possession or otherwise verified to the satisfaction of the Commissioner, shall be left at the Patent Office—

(a) at the same time as the application is lodged in the Patent Office;

(b) within three months after that time; or

(c) within such further period after that time as the Commissioner allows.

If any specification or other document is in a foreign language, a translation thereof shall be annexed thereto, and verified by declaration or otherwise to the satisfaction of the Commissioner.”.

First Schedule.

3. The First Schedule to the Patents Regulations, 1912 is amended by inserting in item 7, after the word “month” (second occurring), the words “beyond three months”.

Second Schedule.

4. The Second Schedule to the Patents Regulations, 1912 is amended by inserting in Form C4, after the word “month” (first occurring), the words “or part of a month beyond three months”.

 

By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.