Patents Regulations (Amendment) (Cth)

Statutory Rules 1998No. 241 1

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Patents Regulations2 (Amendment)

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Patents Act 1990.

Dated 30 July 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

J. Moore

Minister for Industry, Science and Tourism

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1.   Commencement

1.1   These regulations commence on gazettal.

2.   Amendment

2.1   The Patents Regulations are amended as set out in these regulations.

3.   Regulation 22.1 (Fees generally)

3.1   Subregulation 22.1 (3):

Omit the subregulation.

4.   New regulation 22.2A

4.1   After regulation 22.2, insert:

Payment of fees other than renewal or continuation fees

 “22.2A (1) For paragraph 227 (5) (b) of the Act, the Commissioner must give the person the written notice about the payment of the fee within 1 month after the fee became payable.

 “(2) However, if the fee became payable after the commencement of Schedule 3 to the Intellectual Property Laws Amendment Act 1998 and before the commencement of this regulation, the Commissioner must give the person the notice within 1 month after the commencement of this regulation.

 “(3) For paragraph 227 (5) (c) of the Act, if the Commissioner has given the notice in accordance with this regulation, the person must pay the fee within 1 month after the notice was given to the person.

Note 1 Section 221 of the Act deals with giving documents.

Note 2   Subsection 223 (2) of the Act and regulation 22.11 deal with extensions of time.”.

5.   Regulation 22.11 (Extension of time)

5.1   Paragraph 22.11 (3) (b):

After the paragraph, add:

• “; (c)

  paying a fee mentioned in paragraph 227 (5) (a) of the Act (other than a fee payable for filing a patent request and the accompanying specification) if the Commissioner has given the person a written notice about the payment of the fee in accordance with regulation 22.2A.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 July 1998.

2. Statutory Rules 1991 No. 71 as amended by 1991 No. 456; 1992 No. 148; 1993 Nos. 113, 227, 340 and 341; 1994 Nos. 182, 317 and 387; 1995 Nos. 16, 20, 82 and 427; 1996 No. 271; 1997 Nos. 192 and 345; 1998 Nos. 45, 56 and 141.