Patents Regulations, 1912 (Amendment) (Provisional) (Cth)

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STATUTORY RULES.

1916. No. 45.

PROVISIONAL REGULATIONS UNDER THE PATENTS ACT 1903-1909.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Patents Act 1903-1909 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this fifth day of April, One thousand nine hundred and sixteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

H. MAHON,

Acting Attorney General.

 

Amendment of Patents Regulations 1912 (Statutory Rules 1912, No. 76).

Amendment of Reg. 14.

1. Regulation 14 of the Patents Regulations 1912 is amended by adding at the end thereof the following sub-regulations:—

“(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; and

(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.

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

2. After Regulation 163 of the Patents Regulations 1912 the following Regulation is inserted:—

Patent Attorneys on active service not liable to pay annual fee.

“163a. Notwithstanding anything contained in either of the last two preceding Regulations—

(a) where any Patent Attorney is actually serving abroad with the Commonwealth Naval or Military Forces, he shall not be liable to pay such proportionate part of the annual fee as is represented by the period of his service abroad, dating from the date of his embarkation to that of his discharge; and

 

(b) his name shall not be removed from the register for non-payment of the annual fee, or any part thereof, until after the expiration of six months from the date of his discharge.”

Amendment of Reg. 170.

3. Regulation 170 of the Patents Regulations 1912 (as amended by Statutory Rules 1914 No. 69) is amended—

(a) by omitting from sub-regulation (3) thereof the words “A member subsequently elected shall hold office for three years from the occurrence of the vacancy which he was elected to fill.”, and inserting in their stead the words “A member elected at a subsequent election, other than an election held in consequence of the occurrence of a casual vacancy, shall hold office for three years from the date of his election. A member elected at an election held in consequence of the occurrence of a casual vacancy shall hold office only for the remainder of the term for which his predecessor was elected. In this Regulation ‘casual vacancy’ means a vacancy occurring otherwise than by the expiration of the term for which the member was elected; and”

(b) by adding at the end thereof the following sub-regulation:—

“(4) In the event of the total or partial failure of any election held under the provisions of sub-regulation (3) of this Regulation, any vacancy on the Board may be filled by the appointment of some person thereto by the Minister.”

4. After Regulation 170 of the Patents Regulations 1912, the following Regulation is inserted:—

Attendance of members.

“170a. The place of any member of the Board shall become vacant if he, without leave of the Board, absents himself from three consecutive meetings of the Board convened after not less than ten days’ notice in writing.”

5. After Regulation 181 of the Patents Regulations 1912, the following Regulation is inserted:—

Recognition of certificates of University examinations.

“181a. In the case of any prescribed subject in which examinations are conducted by any University in Australia, the Board may, if it thinks fit, instead of requiring a candidate to undergo examination in that subject by the Board under these Regulations, accept the certificate of the University that the candidate has satisfied the University in that subject, provided that the Board is satisfied that the standard of the examination is sufficient for the purposes of these Regulations.”

 

C. 14087.—Price 3d.

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

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