Patents Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 1381

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Patents Regulations2 (Amendment)

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

Dated 18 June 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

BARRY O. JONES

Minister of State for Science

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Commencement

1. These Regulations shall come into operation on 7 July 1987.

Lodgment of prescribed documents

2. Regulation 19ZC of the Patents Regulations is amended:

(a) by inserting “, not being an international application,” after “in relation to a patent application”; and

(b) by adding at the end the following subregulations:

“(2) For the purposes of subsection 35 (5) of the Act, where a micro-organism is deposited with a prescribed depositary institution, being an international depositary authority whether in or outside Australia, for the purposes of section 40 of the Act in relation to an international application:

(a) a document referred to in paragraph 19ZB (1) (a), a translation, if required under paragraph 19ZB (1) (d), and a declaration referred to in paragraph 19ZB (1) (c) in respect of that deposit shall be lodged at the Patent Office by or on behalf of the applicant or patentee:

 

(i) where that deposit of that micro-organism is an original deposit within the meaning of Rule 7.3 of the Budapest Treaty Regulations—before the expiration of the prescribed period; or

(ii) where that deposit of that micro-organism is a new deposit within the meaning of Rule 7.4 of those Regulations—before the expiration of the prescribed period or the expiration of 3 months after the date on which that new deposit was effected, whichever is the later; and

(b) a document referred to in paragraph 19ZB (1) (b) relating to the transfer of a sample of that micro-organism under Rule 5.1 (a) (i) of the Budapest Treaty Regulations to that authority, a translation, if required under paragraph 19ZB (1) (d), and a declaration referred to in paragraph 19ZB (1) (c) in respect of that transfer shall be lodged at the Patent Office by or on behalf of the applicant before the expiration of the prescribed period or the expiration of 3 months after that transfer was effected, whichever is the later.

“(3) In subregulation (2), in relation to an international application, the prescribed period is:

(a) where the applicant has demanded an international preliminary examination of that application under Article 31 of the Treaty and Australia was, within the meaning of Article 31 (4) (a) of the Treaty, indicated as an elected State for the purposes of that demand within the period of 19 months from the priority date accorded under the Treaty to that application—the period of 34 months from the priority date accorded under the Treaty to that application; or

(b) in any other case—the period of 24 months from the priority date accorded under the Treaty to that application.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 June 1987.

2. Statutory Rules 1962 No. 2 as amended to date. For previous amendments see Note 2 to Statutory Rules 1987 No. 78 and see also