Patents Regulations (Amendment) (Cth)

STATUTORY RULES.

1935. No. 23.

REGULATION UNDER THE PATENTS ACT 1903-1934.*

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 1903-1934.

Dated this thirteenth day of March, 1935.

(Sgd.) ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

Acting Attorney-General.

 

Amendments of the Patents Regulations, 1912.

Time limit for acceptance of complete specification.

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

(a) by omitting from paragraph (b) of sub-regulation (2.) the word “and”;

(b) by adding at the end of that sub-regulation the following paragraphs:—

“(d) Where an examiner reports adversely on an application or specification and the communication of the report to the applicant is deferred by reason of the fact that the report cites a complete specification of another applicant which is not open to public inspection, the Commissioner may allow, for the acceptance of the complete specification of the first mentioned applicant, an extension of time equivalent to the period during which the communication of the examiner’s report was deferred; and

(e) Where a person has given notice of opposition to an application for the grant of a patent for an invention, such opposition being based on any of the grounds specified in paragraphs (a), (b) and (d) of section 56 of the Act, and has also lodged an application for the grant

* 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, 30 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; and by 1934, Nos. 39 and 134.

387.—6/18.2.1935.—Price 3d.

 

to himself of a patent for the invention, the Commissioner may allow an extension of time for the acceptance of his complete specification for a period of twelve months after the determination of the opposition.”; and

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

(2.) This regulation shall be deemed to have come into operation on the first day of July, 1934.

2. Regulation 181d of the Patents Regulations, 1912 is repealed and the following regulation inserted in its stead:—

Rights of persons who have passed examinations under repealed regulations.

“181d.—(1.) Notwithstanding anything contained in Statutory Rules 1931, No. 147, regulations 175 to 181a (inclusive) of the regulations thereby repealed (which regulations are in this regulation referred to as ‘the repealed regulations’) shall, until the first day of January, 1936, apply to any person who, on the first day of January, 1935, in order to pass an examination conducted under the repealed regulations, would have been required to pass in not more than two subjects of that examination.

“(2.) Any such person who, before the first day of January, 1936, completes the examination held under the repealed regulations shall be deemed to have passed the prescribed examination within the meaning of section 101 of the Act, and the provisions of regulation 181c shall apply to him accordingly, but any such person who has not before that date completed the examination held under the repealed regulations shall be required, in order to be eligible for registration as a patent attorney, to qualify in the manner provided by these Regulations.

“(3.) An examination under the repealed regulations shall be held in November, 1935.”.

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