Patents Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 427 1

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Patents Regulations 2(Amendment)

I, The 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 20 December 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

C. SCHACHT

Minister for Small Business, Customs and Construction

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1.   Commencement

1.1   These Regulations commence on 1 January 1996.

2.   Amendment

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

3.   Regulation 1.4 (English text of treaties)

3.1   Subregulation 1.4 (2):

Omit “1 January 1994”, substitute “1 January 1996”.

4.   Regulation 22.4 (Fees for international applications payable for the benefit of the International Bureau)

4.1   Subregulation 22.4 (1):

Omit “If, for the purposes of the PCT, the Patent Office is:”, substitute, “Subject to subregulation (1A) if, for the purposes of the PCT, the Patent Office is:”.

4.2   After subregulation 22.4 (1), insert:

 “(1A) The fee payable for international applications is reduced by 75% if the applicant, or each applicant, is:

• (a)

  a natural person; and

• (b)

  a national of, and resides in, a State the per capita national income of which is less than US $3,000.

 “(1B) For the purposes of subregulation (1A), ‘per capita national income’ means the average per capita national income figure for the State that is used by the United Nations to determine its scale of assessments for the contributions payable for the years 1995, 1996 and 1997.”.

5.   Schedule 2A (Regulations under the Patent Cooperation Treaty)

5.1   Paragraph 2 (a) of the Schedule of Fees:

Omit “10”, substitute “11”.

5.2   At the end of the Schedule of Fees, add:

“All fees are reduced by 75% for international applications filed by any applicant who is a natural person and who is a national of and resides in a State whose per capita national income is below US$3,000 (according to the average per capita national income figures used by the United Nations for determining its scale of assessments for the contributions payable for the years 1995, 1996 and 1997); if there are several applicants, each must satisfy those criteria.”.

6.   Schedule 4 (Convention Countries)

6.1   Part 1 of the Schedule:

Insert the following countries in the Schedule according to alphabetical order determined on a letter by letter basis:

“Albania

Peru

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Turkmenistan

Venezuela”.

7.   Schedule 7 (Fees)

7.1   Item 2 of Part 4 of the Schedule:

Omit “10”, substitute “11”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1995.

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 and 82.