Patents Regulations (Amendment) (Cth)

Statutory Rules 1984 No. 4351

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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 13 December 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

B. JONES

Minister of State for Science and Technology

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Commencement

1. These Regulations shall come into operation on 1 January 1985.

Fees

2. Regulation 5 of the Patents Regulations is amended—

(a) by omitting from sub-regulation (5A) “27 or 28” and substituting “26 or 27”;

(b) by omitting from sub-regulation (7) “25” and substituting “24”.

Fees payable on lodging international application

3. Regulation 5A of the Patents Regulations is amended by omitting from paragraph (3) (a) “29” and substituting “34”.

Initiation of national phase of international application

4. Regulation 15A of the Patents Regulations is amended by omitting from paragraph (1) (a) “26” and substituting “31”.

 

5. After regulation 19K of the Patents Regulations the following regulation is inserted:

Variation of section 47D of the Act

“19KA. The operation of section 47D of the Act in relation to international applications that are treated as applications under the Act by virtue of section 58B of the Act is varied as if in sub-section (2) ‘6 months’ were omitted and ‘9 months’ were substituted.”.

Variation of section 143 of the Act

6. Regulation 19M of the Patents Regulations is amended by omitting from sub-paragraph (aa) (i) “26” and substituting “31”.

7. After regulation 19M of the Patents Regulations the following regulation is inserted in Part IVA:

Variation of section 160 of the Act

“19MA. The operation of section 160 of the Act in relation to international applications that are treated as applications under the Act by virtue of section 58B of the Act is varied as if in sub-section (1) ‘, receiving Office or International Bureau, as the case may be’ were inserted after ‘Patent Office’.”.

Second Schedule

8. The Second Schedule to the Patents Regulations is amended by omitting Part III and substituting the following Part:

PART III FEES FOR INTERNATIONAL APPLICATIONS PAYABLE FOR THE BENEFIT OF THE INTERNATIONAL BUREAU

Column 1	Column 2	Column 3
Item	Matter	Fee
1	Basic fee under Rule 15.2 (a) of the Treaty—
	(a) if the international application contains not more than30 sheets	654 Swiss francs
	(b) if the international application contains more than 30 sheets	654 Swiss francs plus 13 Swiss francs for each sheet in excess of 30 sheets
2	Designation fee under Rule 15.2 (a) of the Treaty...	158 Swiss francs per designation for which the fee is due, with a maximum of 1,580 Swiss francs, any such designation in excess of 10 being free of charge
3	Handling fee under Rule 57.2 (a) of the Treaty........	200 Swiss francs

Third Schedule—Part II

9. Part II of the Third Schedule to the Patents Regulations is amended—

(a) by omitting from paragraph 5 (b) “and”;

(b) by omitting from paragraph 5 (c) “35” and substituting “25”; and

(c) by adding at the end of clause 5 the following word and paragraph:

“;and (d) in the case of the right-hand margin—not less than 20 millimetres”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1984.

2. Statutory Rules 1962 No. 2 as amended to date. For previous amendments see Note 2 to Statutory Rules 1984 No. 254 and see also