Patents Regulations (Amendment) (Cth)

STATUTORY RULES.

1954. No..

REGULATIONS UNDER THE PATENTS ACT 1952-1954.*

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 1952-1954.

Dated this  twelfth

day of May, 1954.

Governor-General.

 

By His Excellency’s Command,

Attorney-General,

Amendments of the Patents Regulations. 

Fees.

1. Regulation 4 of the Patents Regulations is amended by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation :—

“ (5.) Item 28 in the Second Schedule to these Regulations does not apply to a correction necessitated solely by error in the Patent Office.”.

Determinations under section sixty-three.

2. Regulation twenty-two of the Patents Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2.) the word “ request ” (second occurring) and inserting in its stead the word “ application ”; and

(b)by omitting from sub-regulation (5.) the word “ application ” (last occurring) and inserting in its stead the word “ request ”.

Petitions under section one hundred and eight or one hundred and nine.

3. Regulation forty-three of the Patents Regulations is amended—

(a)by omitting from sub-regulation (3.) the word “ applicant ” and inserting in its stead the word “ petitioner ”; and

(b) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation :—

“ (4.) The petitioner may, within three months after the date on which the declarations in answer are served on him, lodge declarations in reply to the first-mentioned declarations.”.

Application of Division.

4. Regulation 45 of the Patents Regulations is amended by omitting the figures and word “, 97 or 159 ” and the figures “ 64 ” and inserting in their stead the word and figures “ or 97 ” and the figures “ 61 ”, respectively.

* Notified in the Commonwealth Gazette on  1954

 Statutory Rules 1954, No. 18.

1963.—Price 3d.  10/29.4.1954.

Request to fix time and place for hearing.

5. Regulation 52 of the Patents Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation :—

“ (2.) Where—

(a) an opponent has not, within the time referred to in paragraph (a) of regulation 46 of these Regulations, served on the applicant copies of the document referred to in that paragraph ;

(b) an opponent has not, within the time referred to in paragraph (a)of regulation 48 of these Regulations, served on the applicant copies of the declarations referred to in that paragraph ; or

(c) an opponent has not, within one month after service of—

(i) the copies of the declarations referred to in paragraph (b) of regulation 48; or

(ii) the copy of the written notice referred to in regulation 49,

lodged an application under the last preceding sub-regulation,

the applicant may lodge at the Patent Office an application in accordance with Form 26 for the time and place for the hearing of the opposition of which notice has been given to be fixed.”.

Amendments of documents on request.

6. Regulations 60, 61, 62 and 63 of the Patents Regulations are repealed and the following regulations inserted in their stead :—

“60.—(1.) The Commissioner may, for the purpose of correcting a clerical error or an obvious mistake—

(a) on a request being made in accordance with Form 27, amend a patent; and

(b)on a request being made in accordance with Form 27a, amend an entry in the Register.

“(2.) The Commissioner may, on a request being made in accordance with Form 28, amend, for the purpose of correcting a clerical. error or an obvious mistake or otherwise, an application, a provisional specification or any other document or instrument (not being a complete specification) lodged at the Patent Office.

“(3.) A request for an amendment under the last preceding sub-regulation shall be accompanied—

(a)in the case of a request for an amendment of an application for a patent—by an amended copy of the application made as required by the Act and these Regulations; or

(b) in any other case—by a certified copy of the document or part of a document previously lodged showing the proposed amendments in red ink.

“(4.) Where—

(a)a request for an amendment has been made under this regulation; and

(b) the Commissioner considers that the amendment, if made, will not materially affect the meaning or scope of the document or instrument,

the Commissioner may make the amendment forthwith.

“ (5.) Where— 

(a) a request for an amendment has been made under this regulation ; and

(b) the Commissioner considers that the proposed amendment may, if made, materially alter the meaning or scope of the document or instrument,

the Commissioner—

(c) shall not make the amendment until the documents in relation to which the request is made are open for public inspection ; and

(d) shall, when the documents in relation to which the request is made are open for public inspection, cause notice of the nature of the proposed amendment to be published in the Official Journal.

Opposition to amendment.

“ 61.—(1.) Where the nature of the proposed amendment has been published in accordance with sub-regulation (5.) of the last preceding regulation, a person interested may, within three months after the advertisement or such further period not exceeding three months as the Commissioner on application in accordance with Form 10 allows, give notice of opposition to the request in accordance with Form 11.

“ (2.) The person giving the notice of opposition shall serve a copy of the notice on the person who has made the request for the amendment.

Determination of request for amendment.

“ 62.—(1.) The Commissioner shall, after hearing the person who has made the request, if desirous of being heard, and, where a notice of opposition has been given, the person who has given notice of opposition, if desirous of being heard, determine whether the amendment ought to be made.

“ (2.) An appeal lies to the Appeal Tribunal from a decision of the Commissioner under the last preceding sub-regulation.

Amendment of a patent or entry in the Register, by the Commissioner.

“ 63.—(1.) The Commissioner may, on his own motion, amend, for the purpose of correcting a clerical error or an obvious mistake, a patent or an entry in the Register.

“ (2.) TheCommissioner may, if he proposes to amend a patent or an entry in the Register under the last preceding sub-regulation, give notice to any person appearing on the Register to have an interest in the patent of his intention so to do.

“ (3.) Where a person to whom notice is given under the last preceding sub-regulation wishes to be heard, the Commissioner shall give the person an opportunity to be heard before the amendment is made.”.

First Schedule.

7. The First Schedule to the Patents Regulations is amended by omitting Forms 27 and 28 and inserting in their stead the following forms:—

Form 27.

Regulation 60 (1.).

Commonwealth of Australia.

Patents Act 1952-1954.

REQUEST TO AMEND A PATENT.

I,  of  , hereby request

that Patent No.  be amended in the following manner :—

My reasons for making this request are as follows :—

My address for service is

Dated this  day of , 19

(Signature.)

To :

The Commissioner of Patents.

Form 27a. 

Regulation 60 (1.)

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-1954.

REQUEST TO AMEND AN ENTRY IN THE REGISTER.

I,  , of  , hereby request that

the entry in the Register relating to Patent No.  be amended in the

following manner :—

My reasons for making this request are as follows :—

My address for service is

Dated this  day of  , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 28.

Regulation 60 (2.).

Commonwealth of Australia.

Patents Act 1952-1954.

REQUEST TO AMEND A DOCUMENT OTHER THAN A PATENT OR ENTRY IN THE REGISTER.

I,  , of  , hereby request that

Application

Patent  No.

The  in respect of  be amended as

shown in red ink in the accompanying

My reasons for making this request are as follows :—

My address for service is

Dated this  day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Second Schedule.

8. The Second Schedule to the Patents Regulations is amended—

(a)by omitting item 6 and inserting in its stead the following item :—

“ 6. On lodging notice of opposition under sections 59, 82, 95 or 97 or under regulation 40 or 61.......................................... 4 0 0 ”;

(b)by omitting item 28 and inserting in its stead the following item :—

“ 28. On lodging request for correction of a clerical error or obvious mistake........................................................................ 2 0 0 ” and

(c) by omitting item 31 and inserting in its stead the following item :—

“ 31. On lodging request for amendment of an application, provisional specification or other document otherwise than for correction of clerical error or obvious mistake........... 4 0 0 ”.

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