Patents Regulations (Amendment) (Cth)

Statutory Rules 1984 No. 2541

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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 20 September 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

BARRY O. JONES

Minister of State for Science and

Technology

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Commencement

1. These Regulations shall come into operation on 1 October 1984.

Request for information under section 30 of the Act

2. Regulation 87 of the Patents Regulations is amended—

(a) by omitting from sub-regulation (2) “$350” and substituting “$400”; and

(b) by omitting from paragraph (3) (a) “$20” and substituting “$30”.

Second Schedule—Part I

3. Part I of the Second Schedule to the Patents Regulations is amended—

(a) by omitting from Column 3 in Item 1 “30” and substituting “60”;

(b) by omitting from Column 3 in Item 3 “70” and substituting “120”;

(c) by omitting from Column 3 in Item 3 “2” and substituting “5”;

(d) by omitting from Column 3 in Item 3 “4” and substituting “5”;

(e) by omitting from Column 3 in Item 4 170” and substituting “230”;

(f) by omitting from Column 3 in Item 4 “140” (wherever occurring) and substituting “190”;

(g)	by omitting from Column 3 in Item 4 “110” and substituting “160”;
(h)	by omitting Item 6 and substituting the following item:
“6 Continuation fee for the purposes of section 47d of the Act and sub-regulation 16A (1)—
(a)		second year..................................		60
(b)		third year.....................................		75
(c)		fourth year...................................		90
(d)		fifth year......................................		110
(e)		sixth year.....................................		125
(f)		seventh year.................................		145
(g)		eighth year...................................		170
(h)		ninth year.....................................		195
(i)		tenth year.....................................		215
(J)		eleventh year................................		240
(k)		twelfth year..................................		265
(1)		thirteenth year...............................		290
(m)		fourteenth year..............................		325
(n)		fifteenth year................................		360”;
(i)	by omitting from Column 3 in Item 9 “45” and substituting “60”;
(j)	by omitting from Column 3 in Item 12 “100” and substituting “160”;
(k)	by omitting Item 15 and substituting the following item:
“15 Renewal fee for the purposes of sub-section 68 (2) of the Act and sub-regulation 29 (1 )—
(a)		second year.................................	60
(b)		third year....................................	75
(c)		fourth year..................................	90
(d)		fifth year....................................	110
(e)		sixth year....................................	125
(f)		seventh year................................	145
(g)		eighth year..................................	170
(h)		ninth year...................................	195
(i)		tenth year....................................	215
(j)		eleventh year...............................	240
(k)		twelfth year.................................	265
(1)		thirteenth year.............................	290
(m)		fourteenth year............................	325
(n)		fifteenth year...............................	360”;
(l)	by omitting from Column 3 in Items 16,18,19,20, 21 and 30 “20” and substituting 30”;
						(m)	by omitting from Column 3 in Items 23, 24 and 27 “25” and substituting “30”;
(n)	by omitting from Column 3 in Item 28 “5” and substituting “10”;
(o)	by omitting from Column 3 in Item 28 “3” and substituting “5”; and
(p)	by omitting from Column 3 in Item 29 “25” and substituting “50”.

 

Second Schedule—Part II

4. Part II of the Second Schedule to the Patents Regulations is amended—

(a) by omitting from Column 3 in Item 2 “350” and substituting “400”;

(b) by omitting from Column 3 in Item 3 “300” and substituting “350”; and

(c) by omitting from Column 3 in Items 4 and 5 “150” and substituting “200”.

Application and savings

5. (1) Where a renewal fee has been paid before the commencement of these Regulations in respect of a year of a patent, being a year that expires on or after the commencement of these Regulations, the fee so paid shall be deemed to be the renewal fee payable under the Patents Regulations as amended by these Regulations in respect of that year of the patent.

(2) Subject to sub-regulation (3), where in relation to an application or a further application for a patent, a continuation fee for the purposes of section 47D of the Patents Act 1952 has been paid before the commencement of these Regulations in respect of a year that expires on or after that commencement, the fee so paid shall be deemed to be the continuation fee payable under the Patents Regulations as amended by these Regulations in respect of that year.

(3) Where—

(a) in relation to an application or a further application for a patent, a continuation fee for the purposes of section 47D of the Patents Act 1952 has been paid before the commencement of these Regulations in respect of a year that expires on or after that commencment; and

(b) after the payment of the fee but before the expiration of that year, a patent is sealed on that application or further application,

the fee so paid shall be deemed to be the renewal fee payable under the Patents Regulations as amended by these Regulations in respect of that year of that patent.

(4) Where an application for a standard patent has been accepted under section 52 or 52D of the Patents Act 1952 before the commencement of these Regulations, the fee payable in respect of the sealing of the patent is the fee that, but for these Regulations, would have been payable in respect of the sealing of that patent immediately before that commencement.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 September 1984.

2. Statutory Rules 1962 No. 2 as amended by 1963 No. 52; 1965 No. 102; 1969 No. 151; (as amended by 1969 No. 212); 1974 Nos. 38 and 262; 1975 No. 201; 1976 No. 236; 1977 No. 177; 1979 No. 93; 1980 Nos. 68 and 320; 1981 Nos. 1, 202, 203, 243 and 372; 1982 Nos. 232 and 350; 1983 Nos. 48, 206 and 325.