Patents Regulations (Amendment) (Cth)

STATUTORY RULES.

1954. No. .

REGULATIONS UNDER THE PATENTS ACT 1903-1950.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make, by virtue of the Patents Act 1954, the following Regulations under the Patents Act 1903-1950.

Dated this  twelfth

day of  May , 1954.

Governor-General.

By His Excellency’s Command,

Attorney-General.

Amendments of the Patents Regulations 1912. 

Amendment of documents.

1. Regulation 147 of the Patents Regulations 1912 is repealed and the following regulation inserted in its stead :—

“ 147.—(1.) The Commissioner may, on a request being made in a writing to him, amend an application, specification or any other document or instrument lodged at the Patent Office under the Patents Act 1903-1950.

“ (2.) A request under this regulation shall be accompanied by the prescribed fee and—

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

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

“ (3.) 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.

“ (4.) Where—

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

* Notified in the Commonwealth Gazette on   , 1954.

  Statutory Rules 1912. No. 76, as amended by Statutory Rules 1913, No. 310 ; 1924, 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 ; 1937, Nos. 19, 50 and 101 ; 1939, No. 1 ; 1940, No. 198 ; 1941, Nos. 198 and 240 ; 1945, No. 197 ; 1946, Nos. 91 and 140 ; 1949, Nos. 36 and 89 ; 1951, No. 51 ; and 1952, Nos. 61 and 91.

1962.—Price 3d.  12/27.4.1954.

(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.

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

“ (6.) Regulations 65 to 78 (inclusive) of these Regulations apply in relation to a request made, and a notice of opposition given, under this regulation.

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

“ (8.) An appeal lies to the High Court from a decision of the Commissioner under this regulation.”.

First Schedule.

2. The First Schedule to the Patents Regulations 1912 is amended by inserting, after item 12, the following item :—

“ 12A. On lodging notice of opposition under regulation 147 .................................................................... 4 0 0 ”.

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