Patents Regulations (Amendment) (Cth)

STATUTORY RULES.

1935. No. 90.

REGULATIONS UNDER THE PATENTS ACT 1903-1935.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Patents Act 1903–1935.

Dated this eleventh day of September, 1935.

Governor-General.

By His Excellency’s Command,

for Attorney-General.

 

Amendments of the Patents Regulations, 1912.

Time limit for acceptance of complete specification.

1. Regulation 14 of the Patents Regulations, 1912 is amended—

(a) by omitting paragraph (f) of sub-regulation (2) and inserting in its stead the following paragraph:—

“(f) where the time for acceptance of a complete specification has been extended, and an application for a separate patent for any invention excluded from that complete specification by amendment has, under regulation 11 of these Regulations, been ante-dated, the Commissioner may allow an extension of time for the acceptance of the complete specification accompanying the ante-dated application, for any period not exceeding the period already allowed in respect of the complete specification accompanying the first-mentioned application.”; and

(b) by omitting from sub-regulation (3) the word and symbols “and (e)” and inserting in their stead the word and symbols “, (e) and (f)”.

2. Regulation 82 of the Patents Regulations, 1912, and the heading appearing before that regulation, are repealed and the following regulation and heading inserted in their stead:—

“Extension of Time for Sealing.

Extension of time for sealing where special circumstances exist.

82.—(1.) Where a patent has not been sealed—

(a) within the period of sixteen months from the date of the application; or

 

* Notified in the Commonwealth Gazette on, 1935.

 Statutory Rules 1912, No. 76, as amended by Statutory Rules, 1913, No. 310; 1914, No. 69; 1915, No. 267; 1916, Nos. 45 and 162; 1918, No. 142, 1919, Nos. 14, 80 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; and by 1935, Nos. 23, 45 and 67.

3656.—6/29.8.1935.—Price 3d.

(b) if any extension of time beyond that period has been allowed under any one or more of the following regulations, namely, regulations 19, 81, 81a and 182a of these Regulations—within the extended period so allowed,

application may be made in accordance with Form I1 for an extension, or a further extension, of time for scaling the patent.

(2.) The application shall specify the grounds upon which it is made and shall be accompanied by the prescribed fee.

(3.) If, upon consideration of the grounds of the application, the Commissioner certifies that, in his opinion, the circumstances of the case warrant the extension, or further extension, of the time for sealing, as the case may be, the time within which the patent may be sealed shall be any time within a period of three months after the expiration of the period specified in paragraph (a) or paragraph (b) of sub-regulation (1.) of this regulation, as the case may be.

(4.) If the Commissioner refuses to issue a certificate under the last preceding sub-regulation, he may direct that the fee paid upon lodgment of the application be refunded to the applicant and the fee shall be refunded accordingly.

(5.) This regulation shall not apply in any case where a Court has granted an extension of time under section 67 of the Act.”.

First Schedule.

3. The First Schedule to the Patents Regulations, 1912 is amended by omitting Item 20 and inserting in its stead the following Item:—

“20. On application under regulation 82 for extension of time for sealing 3 0 0 I1”.

Second Schedule.

4. The Second Schedule to the Patents Regulations, 1912 is amended—

(a) by omitting from Item I1 in the Index to Patent Forms the symbols and figures “£2, £4, or £6” and inserting in their stead the symbol and figure “£3”;

(b) by omitting from Form I1 the symbols and figures “£2, £4, £6.”and inserting in their stead the symbol and figure “£3”; and

(c) by omitting from Form I1 the words “formonth’s” and inserting in their stead the words “for three months’”.

 

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