Patents Regulations (Amendment) (Cth)

Statutory Rules

1974 No. 38

REGULATIONS UNDER THE PATENTS ACT 1952-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Patents Act 1952-1973.

Dated this nineteenth day of March, 1974.

PAUL HASLUCK.

Governor-General.

By His Excellency’s Command,

W. L. MORRISON

Minister of State for Science

Amendments of the Patents Regulations 

Commencement.

1. These Regulations shall come into operation on 1 April 1974.

Renewal fees.

2. Regulation 29 of the Patents Regulations is amended—

(a) by omitting sub-regulation (1);

(b) by omitting from sub-regulation (2) the words “ or expires before the effective date ” and substituting the words “ before 1 January 1971 ”;

(c) by omitting from sub-regulation (2) the words “ on the day next preceding the fixed date ” and substituting the words “ on 31 December 1969 ”;

(d) by omitting from sub-regulation (3) the words “ expires on or after the effective date ” and substituting the words “ expired or expires on or after 1 January 1971 ”;

(e) by inserting in sub-regulation (3), after the word “ Regulations ”, the words “ as in force on that day ”;

(f) by omitting from sub-regulation (4) the words “ before the fixed date ” and substituting the words “ before 1 January 1970 ”;

(g) by inserting after sub-regulation (4) the following sub-regulation:—

“ (4a) Subject to sub-regulation (5), the renewal fee payable on the expiration of a year of patent, being a year that expires on or after 1 April 1974, is the fee specified in respect of that year in item 23a of the Second Schedule.”;

(h) by omitting from sub-regulation (5) the words “ the fixed date ” (wherever occurring) and substituting the figures and word “ 1 January 1970 ”;

* Notified in the Australian Government Gazette on 29 March 1974.

  Statutory Rules 1962, No. 2, as amended by Statutory Rules 1963, No. 52; 1965, No. 102; and 1969, No. 151

(j) by omitting from sub-regulation (6) the words “ A renewal fee ” and substituting the words “ Subject to sub-regulation (6a), a renewal fee ”; and

(k) by inserting after sub-regulation (6) the following sub-regulation:—

“ (6a) The Commissioner shall not accept a renewal fee in respect of a year of a patent if it is tendered to him on a date that is more than 12 months before the expiration of that year of the patent.”.

Appropriation of certain renewal fees paid in advance.

3. Regulation 30 of the Patents Regulations is amended—

(a) by omitting from the definition of “ current renewal fee ” in sub-regulation (1) the words “ expires on or after the first anniversary of the date fixed under sub-section (2) of section 2 of the Patents Act 1969, ” and substituting the words “ expired or expires on or after 1 January 1971,”;

(b) by omitting the definition of “ former renewal fee ” in sub-regulation (1) and substituting the following definition:—

“ ‘ former renewal fee ’ in relation to a patent means a renewal fee that was, under these Regulations as in force before 1 January 1970, payable in respect of a year of patent, being a year that expired or expires on or after 1 January 1971.”; and

(c) by omitting from paragraph (a) of sub-regulation (2) the words “ before the date fixed under sub-section (2) of section 2 of the Patents Act 1969,” and substituting the words “ before 1 January 1970,”.

Second Schedule.

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

(a) by inserting in item 23, after the word “ hereunder ”, the words “ being a year that expires before 1 April 1974 ”; and

(b) by inserting after item 23 the following item:—

“ 23a	Renewal fee on the expiration of the year of the patent specified hereunder being a year that expires on or after 1 April 1974—
(a) the fourth year........................................................................................	20.00
(b) the fifth year...........................................................................................	25.00
(c) the sixth year..........................................................................................	30.00
(d) the seventh year......................................................................................	36.00
(e) the eighth year........................................................................................	42.00
(f) the ninth year..........................................................................................	49.00
(g) the tenth year..........................................................................................	56.00
(h) the eleventh year.....................................................................................	64.00
(i) the twelfth year.......................................................................................	72.00
(j) the thirteenth year....................................................................................	81.00
(k) the fourteenth year..................................................................................	90.00
(i) the fifteenth year.....................................................................................	100.00 ”.

Transitional.

5