Patents Regulations (Amendment) (Cth)

STATUTORY RULES.

1961. No. 27.

REGULATIONS UNDER THE PATENTS ACT 1952-1960.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Patents Act 1952-1960.

Dated this 20th

day of February , 1961.

DALLAS BROOKS.

Administrator.

By His Excellency’s Command,

(Sgd.) G.E. BARWICK

Attorney-General.

Amendments of the Patents Regulations. 

Commencement.

1.—(1.) Subject to the next succeeding sub-regulation, these Regulations (shall come into operation on the twenty-seventh day of February, 1961.

(2.) Sub-regulations (1.) and (2.) of regulation 20 of these Regulations shall come into operation on the first day of May, 1961.

Parts.

2. Regulation 2 of the Patents Regulations is amended—

(a) by inserting, after the words—

“Part V.—Opposition to Grant (Regulations 19-20).”,

the words—

“Part Va.—Postponement of Acceptance (Regulation 20a).”; and

(b) by inserting, after the words—

“Part XI.—Working of Patents and Compulsory Licences (Regulation 43).”,

the words—

“Part XIa.—Extension of Times under Section 160 (Regulations 43a-43f).”.

Interpretation.

3. Regulation 3 of the Patents Regulations is amended by omitting from sub-regulation (1.) the definition of “convention application”.

Fees.

4. Regulation 4 of the Patents Regulations is amended by adding at the end thereof the following sub-regulations:—

“(6.) For the purpose of ascertaining the amount of any fee payable under item 5 or 5a in the Second Schedule to these Regulations, any period by which the time for the acceptance of an application and complete specification has been extended by or under sub-section (2.), (3.) or (4.) of section 54 of the Act shall not be taken into account.

* Notified in the Commonwealth Gazette on 20th February, 1961.

  Statutory Rules 1954, No. 18, as amended by Statutory Rules 1954, 55; 1955, No. and 1957, No. 10.

459/61.—Price 8d. 10/3.2.1961.

“(7.) For the purpose of ascertaining the amount of any fee payable under item 30b or 30c in the Second Schedule to these Regulations, the period that commences on the day on which a notice of opposition to the grant of an application for an extension of time is lodged at the Patent Office and ends—

(a) twenty-one days after the day on which the Commissioner decides the application; or

(b) if an appeal is made to the Appeal Tribunal from the decision of the Commissioner—on the day on which the appeal is determined,

shall not be taken into account.”.

Form of application for patent.

5. Regulation 8 of the Patents Regulations is amended by omitting the word “convention” and inserting in its stead the word “Convention”.

6. Regulation 10 of the Patents Regulations is repealed and the following regulation is inserted in its stead:—

Form of Convention application.

“10.—(1.) A Convention application shall be in accordance with Form 4 or Form 5, as the case requires.

“(2.) A request under section 142aa of the Act—

(a) shall be in accordance with Form 5a; and

(b) may be endorsed on the Convention application or lodged as a separate document.

“(3.) Where an applicant has lodged a request under section 142aa of the Act, the applicant shall, before the acceptance of the application and the complete specification, lodge at the Patent Office a certificate by the official chief or head of the Patent Office in the Convention country in which an earlier application referred to in the request was lodged that the earlier application was withdrawn, abandoned or refused without becoming open to public inspection.”.

Form of declaration supporting application.

7. Regulation 11 of the Patents Regulations is amended by omitting the word “convention” (wherever occurring) and inserting in its stead the word “Convention”.

8. After Part V. of the Patents Regulations the following Part is inserted:—

“Part Va.—Postponement of Acceptance.”

Request for postponement of acceptance.

“20a. A request under sub-section (3.) of section 52 of the Act shall; be in accordance with Form 1 1a.”.

9. Regulation 27 of the Patents Regulations is repealed and the following regulation inserted in its stead:—

Renewal fees.

“27.—(1.) Subject to the next succeeding sub-regulation, the renewal fee payable on the expiration of a year of a patent, whether granted under the repealed Acts or the Act, is the fee specified in item 15 of the Second Schedule to these Regulations as the fee payable on the expiration of that year of the patent.

“(2.) The renewal tees specified in the First Schedule to the repealed Acts shall continue to be, to and including the thirtieth day of April, 1961, the renewal fees in respect of patents granted under those Acts.

“(3.) Notwithstanding that there has been paid at any time before the first day of May, 1961, a renewal fee which was, under the repealed Acts, payable before the expiration of a year of a patent that expires on or after that date, the renewal fee payable on the expiration of that year of the patent is the fee specified in item 15 of the Second Schedule to these Regulations.

“(4.) A renewal fee shall be paid before the expiration of the year of the patent in respect of which that renewal fee is specified.

“(5.) An application under sub-section (3.) of section 68 of the Act shall be in accordance with Form 10.”.

10. After Part XI. of the Patents Regulations the following Part is inserted:—

“Part XIA.—Extension of Times under Section 160.

Application for extension of time under section 160 (2.).

“43a.—(1.) An application under sub-section (2.) of section 160 of the Act shall be in accordance with Form 10.

“(2.) The person making the application shall furnish with the application a declaration setting out the grounds upon which the application is made.

Opposition to application.

“43b. Where the Commissioner, in pursuance of sub-section (4.) of section 160 of the Act, advertises in the Official Journal an application under sub-section (2.) of that section, a person may, within one month after the date of the publication of the advertisement or within such further time not exceeding one month as the Commissioner, on an application in accordance with Form 10 made within the period of one month after the date of the publication of the advertisement, allows, give notice of opposition in accordance with Form 11 to the grant of the application.

Notification of decision in the Official Journal.

“43c. Where the Commissioner has, upon an application made under sub-section (2.) of section 160 of the Act, granted an extension of time, he shall publish in the Official Journal a notification of his decision.

Protection or compensation of persons.

“43d.—(1.) This regulation applies in a case where an extension of time has been granted under sub-section (2.) of section 160 of the Act.

“(2.) A person who availed himself, or took definite steps by way of contract or otherwise to avail himself, of the invention the subject of the application for the patent concerned by reason of the act or step in relation to which the extension was granted not having been done or taken within the time allowed may, within one month after the notification referred to in the last preceding regulation is published or within such further time as the Commissioner, on an application made in accordance with Form 10 within that period of one month, allows, apply in accordance with Form 24a to the Commissioner for the grant of a licence to make, use, exercise and vend the invention the subject of the application for the patent.

“(3.) A copy of an application made under the last preceding sub-regulation shall be served by the applicant on the person to whom the extension of time was granted and on such other persons as the Commissioner directs.

Opposition to claim.

“43e.—(1.) A person on whom the copy of an application under sub-regulation (2.) of the last preceding regulation has been served may, within one month after the day on which the copy of the application was served on him or within such further time as the Commissioner, on an application made in accordance with Form 10 within that period of one month, allows, give notice of opposition to the application in accordance with Form 11.

“(2.) A copy of the notice of opposition shall be served by the person giving it on the person who has made the application for the licence.

Determination of claim.

“43f. The Commissioner shall hear the application for the licence, and, if satisfied that the application should be granted, the Commissioner may grant to the applicant a licence on such terms as the Commissioner thinks just, but, if not so satisfied, the Commissioner shall dismiss the application.”.

Application of Division.

11. Regulation 45 of the Patents Regulations is amended by inserting, after the figures “40”, the figures “,43b, 43e”.

Extension of time under section 160 (1.).

12. Regulation 66 of the Patents Regulations is repealed.

First Schedule.

13. The First Schedule to the Patents Regulations is amended by omitting Forms 4, 5, 6 and 7 and inserting in their stead the following forms:—

Form 4.

Commonwealth of Australia.

Patents Act 1952-19 .

CONVENTION APPLICATION FOR A PATENT.

I,	,of		, hereby apply for the
grant of a Patent for an invention entitled		which is described in
the accompanying complete specification. This application is a Convention application
and is based on the application numbered		for a patent or similar protection
made in		on

My address for service is

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

Form 5.

Commonwealth of Australia.

Patents Act 1952-19 .

CONVENTION APPLICATION FOR A PATENT OF ADDITION.

I,		, hereby apply for the
grant of a Patent for an invention entitled				which is
described in the accompanying complete specification.
I request that a patent may be granted as a patent of addition
to	Patent No		in the name of
	the Patent applied for on application No.					in the name of

I request that the term of the Patent of Addition be the same as that of the patent for the main invention or so much of the term of the patent for the main invention as is unexpired.

This application is a Convention application and is based on the application numbered for a patent or similar protection made in

on .

My address for service is .

Dated this day of , 19.

(Signature.)

(To be completed where application is made by a person other than the applicant for the patent for the main invention or the patentee under the patent for the main invention.)

I,	,	the applicant on application No.	hereby consent
		patentee of Patent No.
to this application.

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

Form 5a.

Regulation 10 (2.).

Commonwealth of Australia.

Patents Act 1952-19 .

REQUEST UNDER SECTION 142AA.

In pursuance of section 142aa of the Patents Act 1952-19 , I hereby request you to disregard, for the purposes of sections 141 and 142 of that Act, an earlier application made for a patent or similar protection in respect of the invention the subject of the Convention application lodged on , and, in support of my request, state—

(Here insert statements that show that section 142aa is applicable.)

Dated this day of ,19 .

(Signature.)

To:

The Commissioner of Patents.

Form 6.

Regulation 11 (1.).

Commonwealth of Australia.

Patents Act 1952-19 .

DECLARATION IN SUPPORT OF AN APPLICATION FOR A PATENT OR PATENT OF ADDITION.

In support of the Application made by

for a	patent	for an invention entitled
	patent of addition

I, , of , do solemnly and sincerely declare as follows:—

1. I am the applicant for the	patent
	patent of addition.

(or, in the case of an application by a body corporate)

1. I am authorized by	, the applicant for the	patent
		patent of addition

to make this declaration on its behalf.

2. I am the actual inventor of the invention.

(or, where a person other than the inventor is the applicant)

2. A.B., of , is the actual inventor of the invention

and the facts upon which	I am entitled
	the	is entitled

to make the application are as follows:—

Declared at this day of , 19   .

(Signature of Declarant.)

To:

The Commissioner of Patents.

Form 7.

Regulation 11 (2.).

Commonwealth of Australia.

Patents Act 1952-19 .

DECLARATION IN SUPPORT OF A CONVENTION APPLICATION FOR A PATENT OR PATENT OF ADDITION.

In support of the Convention application made for a	patent	for an
	patent of addition.

invention entitled

I, , of , do solemnly and sincerely declare as follows:—

1. I am the applicant for the	patent	for an
	patent of addition.

(or, in the case of an application by a body corporate)

1. I am authorized by , the applicant for the

patent	to make this declaration on its behalf.
patent of addition.

2. The basic application as defined by section 141 of the Act was made in on the day of , 19 ,

by

3. I am the actual inventor of the invention referred to in the basic application.

(or, where a person other than the inventor is the applicant)

3. A.B.	of			, is the actual inventor of the
invention and the facts upon which		I am entitled	is entitled
		the

to make the application are as follows:—

4. The basic application referred to in paragraph 2 of this Declaration was the first application made in a Convention country in respect of the invention the subject of the application.

(or, where a request is made under section 142aaof the Patents Act 1952-19 , for an earlier application made in a Convention country to be disregarded)

4.—(1.) The basic application referred to in paragraph 2 of this Declaration was not the first application made in a Convention country in respect of the invention the subject of the application.

(2.) An earlier application in respect of the invention the subject of the application was made in on

(3.) A request has been made to you under section 142aa of the Patents Act 1952-19 to disregard that earlier application.

(Here set out in succeeding sub-paragraphs the facts that show that section 142AA is applicable.)

(

 ) Except as stated in this paragraph, the basic application referred to in paragraph 2 of this Declaration was the first application made in a Convention country in respect of the invention the subject of the application.

Declared at this day of , 19    .

(Signature of Declarant.)

To:

The Commissioner of Patents.

First Schedule— Form 10.

14. The First Schedule to the Patents Regulations is amended by omitting from Form 10 the figures “61, 63 and 66” and inserting in their stead the figures “43a, 43b, 43d, 43e and 61”.

First Schedule— Form 11.

15. The First Schedule to the Patents Regulations is amended by omitting from Form 11 the figures “61 and 63” and inserting in their stead the figures “43b, 43e and 61”.

First Schedule— Form 11 A.

16. The First Schedule to the Patents Regulations is amended by inserting after Form 11 the following form:—

Form 11a.

Regulation 20a.

Commonwealth of Australia.

Patents Act 1952-19 .

REQUEST FOR POSTPONEMENT OF ACCEPTANCE.

I, , of , the applicant for the patent applied for on Application No. , hereby request that the acceptance of that application and the complete specification relating to that application be postponed until , being a date before the time for acceptance as provided by section 54 of Patents Act 1952-19 .

Dated this day of , 19  .

(Signature.)

To:

The Commissioner of Patents.

First Schedule— Form 12.

17. The First Schedule to the Patents Regulations is amended by omitting Form 12 and inserting in its stead the following form:—

Form 12.

Commonwealth of Australia.

LETTERS PATENT.

(Australian Coat of Arms.)

(Here insert Royal Style and Titles.)

To all to whom these presents shall come

Greeting:

We do, by these Letters Patent, give and grant to the person whose name is specified hereunder Our Special Licence and the exclusive right, subject to the laws in force from time to time in Australia or a part of Australia, by himself, his agents and licensees, at all times during the term of these Letters Patent, to make, use, exercise and vend throughout Australia the invention the title of which is specified hereunder and being the invention that is fully defined in the claim or claims of the complete specification accepted in accordance with the Patents Act 1952-19 in such manner as he thinks fit, so that he shall have and enjoy the whole profit and advantage accruing by reason of the invention during that term.

Name of Patentee	:
Address of Patentee	:
Name of Actual Inventor	:
Title of Invention	:
Number of Complete Specification	:
Term of Letters Patent	: Sixteen years commencing on
, 19  .

(And in the case of Letters Patent granted on a Convention application.)

These Letters Patent have been granted on a Convention application. Particulars of the basic application on which the Convention application was based are as follows:—

Name of Convention Country in which basic application was filed	:
Date of filing of basic application	:
Application number of the basic application	:

In Witness whereof Our Commissioner of Patents has caused these Our Letters
Patent to be dated as of the	day of	, One
thousand nine hundred and	, and to be sealed with the seal of
the Patent Office this	day of	, One thousand
nine hundred and
(l.s.)	Commissioner of Patents.

First Schedule— Form 20.

18. The First Schedule to the Patents Regulations is amended by omitting Form 20 and inserting in its stead the following form:—

Form 20.

Regulation 31.

Commonwealth of Australia.

Patents Act 1952-19 .

REQUEST TO AMEND A COMPLETE SPECIFICATION.

I,	, of		seek leave to amend
, the complete specification lodged in connexion with		Application		No	as shown
		patent.

in the furnished herewith.

The nature of, and reasons for, the proposed amendments are as follows:—

(To be completed where the request is made by the patentee.)

I declare that no action for infringement or proceeding for revocation or proceeding in which the validity of the patent or of a claim of the complete specification is disputed is pending.

Dated this day of , 19 .

(Signature.)

(To be completed in cases to which sub-section (3.) of section 77 of the Act applies.)

I,		, of		, being entered
on the Register as	exclusive licensee		of Patent No.	hereby consent to this
	mortgagee

amendment.

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

First Schedule— Form 24a.

19. The First Schedule to the Patents Regulations is amended by inserting after Form 24 the following form:—

Form 24a.

Regulation 43d (2.).

Commonwealth of Australia.

Patents Act 1952-19 .

APPLICATION FOR LICENCE UNDER REGULATION 43d.

I, , of  , hereby apply for the grant, under regulation 43d of the Patents Regulations, of a licence to make, use, exercise and vend the invention the subject of Application No.

The grounds upon which this application is made are as follows:—

My address for service is

Dated this day of 19 .

(Signature.)

To:

The Commissioner of Patents.

Second Schedule.

20.—(1.) The Second Schedule to the Patents Regulations is amended by omitting item 1 and inserting in its stead the following item:—

“1	On lodging application for a patent (together with declaration in support of the application, if the declaration is lodged with the application) accompanied by—
(a) a provisional specification ...................................	2	0	0
(b) a complete specification ......................................	12	0	0”.

(2.) The Second Schedule to the Patents Regulations is amended by omitting item 2 and inserting in its stead the following item:—

“2	On lodging a complete specification—
(a) before the expiration of nine months from the date of the application ...............................................	10	0	0
(b) after the expiration of nine months from the date of the application ...............................................	11	0	0”.

(3.) The Second Schedule to the Patents Regulations is amended by omitting items 5 and 6 and inserting in their stead the following items:—

“5 For acceptance of application and complete specification, if made after the expiration of a period of eighteen months after the Examiner’s first report on the application and complete specification—for each month or part of a month after the expiration of the period of eighteen months, and before the expiration of the period of twenty-one months, after that report.......................................

5	0	0
“5a	For acceptance of application and complete specification, if the complete specification was lodged before the first day of May, 1961 and, if made after the expiration of a period of eighteen months, and before the expiration of a period of twenty-one months, after the Examiner’s first report on the application and complete specification—for each month or part of a month after the expiration of the period of eighteen months, and before the expiration of the period of twenty-one months, after that report .............	6	0	0
5		0	0
“5b	On lodging a request under sub-section (3.) of section 52 for postponement of acceptance....................................... and, if the date to which the acceptance is to be postponed is a date after the expiration of a period of eighteen months after the Examiner’s first report on the application— for each month or part of a month after the expiration of that period of eighteen months..........................................	3	0	0
5		0	0
“6	On lodging notice of opposition under section 59, 82, 95, 97 or 160 or regulation 40, 43e or 61	4	0	0”.

(4.) The Second Schedule to the Patents Regulations is amended by omitting item 30 and inserting in its stead the following item:—

“30	On lodging an application under sub-section (2.) of section 160 on the ground specified in paragraph (a) of that sub-section—	5	0	0
(a) if made before the expiration of the time to be extended—for each month or part of a month applied for .....................................................
(b) if made after the expiration of the time to be extended—the amount payable under the preceding paragraph plus an amount of ............	10	0	0

“30a	On lodging an application under sub-section (2.) of section 160 on the ground specified in paragraph (b) of that sub-section—for each month or part of a month applied for	2	0	0
“30b	For an extension of time under sub-section (2.) of section 160 on the ground specified in paragraph (a) of that sub-section, if the extension is granted after the expiration of the period applied for—for each month or part of a month for which the time is extended .. less the amount paid under item 30.	5	0	0
“30c	For an extension of time under sub-section (2.) of section 160 on the ground specified in paragraph (b) of that sub-section, if the extension is granted after the expiration of the period applied for—for each month or part of a month for which the time is extended .. less the amount paid under item 30a.	2	0	0”.

(5.) The fee specified in item 5 of the Second Schedule to the Patents Regulations as in force immediately before the twenty-seventh day of February, 1961, continues to be payable for the advertisement of the acceptance of an application and complete specification accepted before that date.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.