Patents Regulations (Amendment) (Cth)

STATUTORY RULES.

1931. No. 147.

 

REGULATIONS UNDER THE PATENTS ACT 1903-1930.

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 1903-1930, to come into operation on the first day of January, One thousand nine hundred and thirty-three.

Dated this Twenty sixth day November, 1931.

(Sgd.) ISAAC A. ISAACS.

Governor-General.

By His Excellency’s Command,

Attorney-General.

 

Amendment of Patents Regulations.

(Statutory Rules 1912, No. 76, as amended to this date.)

1. Regulations 174 to 182 (inclusive) of the Patents Regulations are repealed and the following Regulations inserted in their stead:—

Prescribed examination to consist of three parts.

“174. The prescribed examination mentioned in section 101 of the Act shall consist of Three Parts namely the Preliminary Part, the Intermediate Part and the Final Part.

Preliminary Part.

“175. It shall not be necessary for the Board to conduct the Preliminary Part of the said examination but any person who produces to the Board a certificate of having passed in any University in the British Dominions an examination which qualifies him for matriculation and entrance to any degree course of any faculty in such University shall be deemed to have passed the said Preliminary Part:

Provided that any person who on the first day of January, 1933, has attained the age of twenty-one years shall be exempted from the Preliminary Part of the said examination.

Time for holding examinations.

“176. The Board shall if necessary hold in the month of November in every year an examination of candidates in such subjects of the Intermediate Part of the said examination as it thinks fit and in the subjects of the Final Part of the examination and shall if it thinks fit hold in the month of February in every year a supplementary examination as hereinafter provided.

3388.

 

Persons eligible to enter for Intermediate Part.

“177. The following persons only shall be eligible to enter for the Intermediate Part of the said examination, that is to say, any person—

(a) who satisfies the Board—

(i) that he is of good fame and character;

(ii) that he has not done or committed any act or thing which would make him an improper person to be registered as a Patent Attorney; and

(iii) that he has complied with the terms of these Regulations as regards the Preliminary Part of the said examination; and

(b) who has at least thirty days before the date appointed for holding the examination lodged with the Secretary a notice in accordance with Form CC, a declaration in accordance with Form DD, and a certificate in accordance with Form EE, and paid the prescribed examination fee.

Subjects of Intermediate Part.

“178. The Intermediate Part of the said examination shall consist of an examination in the following subjects, namely:—

(a) Patent and Trade Marks Law of the Commonwealth and the Practice of the Patent Office;

(b) Patent and Trade Marks Case Law (inclusive of the decisions of the High Court of Australia);

conducted by the Board, and in addition either—

(c) an examination in the subjects of the first two years of a full time day course in a branch of engineering or of science in any University in the Commonwealth; or

(d) an examination or examinations conducted at a University or other institution in science or engineering subjects which the Board on application thereto holds to be in the aggregate of a standard at least equal to that of the examinations in paragraph (c) of this regulation:

Provided that where the Board has difficulty in deciding whether such examination or examinations are sufficient it may take into consideration any experience in science or engineering or any other qualifications possessed by the person presenting himself for examination.

Intermediate Part ordinarily to be passed before Final Part.

“179. A candidate shall not sit at the same examination for subjects in both the Intermediate and Final Parts of the said examination:

Provided however that a candidate who has passed in the examination or examinations prescribed by paragraph (c) or (d) of regulation 178 of these Regulations and who has passed in one of the subjects prescribed by paragraphs (a) and (b) of that regulation may with the permission of the Board sit for examination in the subject of the Intermediate Part in which he has failed, at the same time as he sits for examination in the subjects of the Final Part of the examination.

Subjects of Final Part.

“180. The subjects of the Final Part of the said examination shall be as follows:—

Preparation of a specification to be attached to an application for any kind of invention.

 

Criticism and Interpretation of Specifications.

Patent and Trade Marks Law and Practice of England and other countries.

Supplementary examination in Final Part.

“181. Where a candidate has completed the Intermediate Part of the said examination and has failed in one subject only of the Final Part of the said examination a supplementary examination in that subject may on the application of the candidate be granted by the Board in its discretion.

Appointment of examiners.

“181a.—(1.) In the subjects in which the Board is by these Regulations required to hold examinations the papers shall be set and the answers examined by such members of the Board as are from time to time appointed by the Board for that purpose and the Board may issue to such members such instructions as it considers necessary in connexion with the preparation and examination of such papers.

“(2.) Examination in those subjects shall be conducted in the presence of a member of the Board, the Secretary, or a Supervisor appointed by the Board.

Details of scope of subject &c.

“181b. The Board from time to time may give to intending candidates details of the scope of the subjects of the several Parts of the said examination in which the Board is by these Regulations required to hold examinations and specify the books of reference in each such subject to be studied by candidates, but twelve months’ notice shall be given before any alteration in the books so specified is made.

Issue of certificate to successful candidate.

“181c. If the Board is satisfied as to the proficiency and fitness of a candidate at the several Parts of the said examination, it shall, after making such inquiries as it deems necessary and proper, issue to him a certificate in accordance with Form FF:

Provided that if, in consequence of such inquiries, the Board is of opinion that he is unfit to be admitted to practise as a Patent Attorney, it may in its discretion refuse to grant him a certificate either at all, or for such time as the Board specifies.

Rights of persons who have passed examination under repealed Regulations.

“181d. Any person who has prior to the first day of January, 1933, passed an examination conducted by the Board in any subject prescribed by or under the Regulations in force prior to the commencement of this regulation shall be deemed to have passed an examination in that subject under the Regulations made under the Patents Act 1903-1930 to come into operation on the first day of January, 1933.”.

2. The First Schedule to the Patents Regulations is amended by omitting the words and figures—

“47. Examination entry fee by candidate for Patent Attorney’s examination ... 2 0 0 CC”

and inserting in their stead the following words and figures:—

“47. Examination entry fee by candidate for Intermediate Part of Patent Attorney’s examination....................................................................................	2	0	0	CC
“47a. Examination entry fee by candidate for re-examination in Intermediate Part of Patent Attorney’s examination or in any subject or subjects thereof....	2	0	0	CC
“47b. Examination entry fee by candidate for Final Part of Patent Attorney’s examination....................................................................................	2	0	0	CC
“47c. Examination entry fee by candidate for re-examination in Final Part of Patent Attorney’s examination or in any subject or subjects thereof..............	2	0	0	CC”.

 

3. Form CC in the Second Schedule to the Patents Regulations is repealed and the following Form inserted in its stead:—

(Patents) Form CC

“Commonwealth of Australia.

The Patents Act 1908-1930.

NOTICE BY A CANDIDATE FOR THE PATENT ATTORNEY’S EXAMINATION.

Place—

Date—

To the Secretary

to the Board of Examiners

of Patent Attorneys.

Sir,

I (1)  hereby give you notice that I intend to present myself as a Candidate at the Patent Attorney’s Examination to be held at  and

to commence on the  day of  19 .

I was born at (2) in  on

the  day of .

I qualified for matriculation and entrance to the degree course of the Faculty of (3) 

in the University of  and I enclose (or I have previously furnished to you) a

Certificate dated the day of 19  by the

Registrar of the University of  to that effect.

I desire to enter for examination in the following subjects of the Intermediate and/or Final Parts of the examination, namely (4)

I request exemption from the subjects prescribed by paragraphs (c) or (d) of Regulation 178 under the Patents Act on the grounds that I have passed in the following subjects in the

namely—

(5)

and I enclose Certificates to that effect dated the  day of

19 by the Registrar of the (6) to that effect.

I enclose (7)  for £  in payment of the prescribed fees

I am at present employed by (8)  and reside at

I desire all notices or communications to me to be sent to me at the following address, namely:—

 (9)

(Signature of Candidate).”

(1) Here insert name in full.

(2) Here insert place and date of birth.

(3) Here insert particulars of passing matriculation.

(4) Here insert names of subjects.

(5) Here insert names of subjects.

(6) Here insert name of university or other institution.

(7) Cheques will not be accepted for fees, See First Schedule to Regulations Items 47 et seq.

(8) Here insert name and occupation of employer and place of residence.

(9) Here insert address in full.

 

4. Form DD in the Second Schedule to the Patents Regulations is repealed and the following Form inserted in its stead:—

(Patents) Form DD.

“Commonwealth of Australia.

The Patents Act 1903-1930.

DECLARATION BY CANDIDATE FOR THE PATENT ATTORNEY’S EXAMINATION.

I, (1)

of (2)

(3)  do solemnly and sincerely declare as follows:—

I was born at (4)  on the  day of

I qualified for matriculation and entrance to the degree course of the Faculty of (5)

in the University of

on the  day of

I (6)

I (7)

And I further declare that I am of good fame and character, and that I have not done or committed any act or thing which would make me an improper person to be registered as a Patent Attorney; and I further declare that the Certificate annexed hereto is true and correct in every particular, and that I was well known to the persons who subscribed it for the period therein stated.

And I make this solemn declaration conscientiously believing it to be true.

Signature of Declarant.

Declared at  in the State of  this

day of  a.d. 19 .

Before me,

(8)

(9)

(1) Here insert name in full.

(2) Here insert address.

(3) Here insert occupation.

(4) Here insert place and date of birth.

(5) Here insert particulars of passing matriculation.

(6) State if holding any academical or certificated degree, and describe academy or college.

(7) If lately employed, state where and at what profession, trade, or business.

(8) Signature of person before whom declaration is made.

(9) Title or designation of person before whom declaration is made.

 

By Authority: H. J. Green, Government Printer, Canberra.