Patents Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 2061

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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 22 September 1983.

N. M STEPHEN

Governor-General

By His Excellency’s Command,

BARRY JONES

Minister of State for Science and Technology

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Commencement

1. These Regulations shall come into operation on 3 October 1983.

Continuation fees

2. Regulation 16A of the Patents Regulations is amended by omitting sub-regulation (3) and substituting the following sub-regulation:

“(3) Notwithstanding sub-regulation (1), the amount of the continuation fee payable in respect of a further application to which sub-regulation (2) applies in respect of a year is—

(a) where the original application in respect of which the further application is made was an application for a standard patent—an amount equal to the amount of the continuation fee or renewal fee, as the case requires, payable in respect of the original application in respect of that year; and

(b) where the original application in respect of which the further application is made was an application for a petty patent—an amount equal to the amount of the continuation fee or renewal fee, as the case

 

requires, that would be payable in respect of the original application in respect of that year, if that original application had been an application for a standard patent.”.

Request for information under section 30 of the Act

3. Regulation 87 of the Patents Regulations is amended by omitting from paragraph (3) (a) “10” and substituting “20”.

Second Schedule—Part I
4. Part I of the Second Schedule to the Patents Regulations is amended—
(a) by omitting from Column 3 in Item 1 “20” and substituting “30”;
(b) by omitting from Column 3 in Item 3 “55” and substituting “70”;
(c) by omitting Item 4 and substituting the following item:
“4  On lodging a request for examination of an application—
(a)	where the request was not preceded by a direction of the Commissioner under section 47a or 47b of the Act—
(i) in the case of a request for an examination to be made in accordance with section 48 of the Act			170
(ii) in the case of a request for a modified examination.............................	140
(b)	where the request was preceded by a direction of the Commissioner under section 47a or 47b of the Act (whether or not the applicant had, before the request was made, requested the deferment of the examination under section 52b of the Act) —
(i) in the case of a request for an examination to be made in accordance with section 48 of the Act	140
(ii) in the case of a request for a modified examination.............................	110”;
(d) by omitting 11 tern 6 and substituting the following item:
“6 Continuiation fee for the purposes of section 47d of the Act, calculated by reference to the year after the lodgment of the complete specification respect of the application to which the fee relates—
(a)	the second year..................................................................................	50
(b)	the third year.....................................................................................	60
(c)	the fourth year...................................................................................	70
(d)	the fifth year.....................................................................................	85
(e)	the sixth year....................................................................................	100
(f)	the seventh year.................................................................................	115
(g)	the eighth year...................................................................................	130
(h)	the ninth year....................................................................................	145
(i)	the tenth year....................................................................................	160
(j)	the eleventh year................................................................................	180
(k)	the twelfth year.................................................................................	200
(1)	the thirteenth year..............................................................................	220
(m)	the fourteenth year.............................................................................	240
(n)	the fifteenth year................................................................................	260”;
(e) by omitting from Column 3 in Item 12 “90” and substituting “100”;
(f) by omitting Item 15 and substituting the following item:
“15 Renewal fee on the expiration of a year of the patent specified in this item—
(a)	the second year..................................................................................	50
(b)	the third year.....................................................................................	60
(c)	the fourth year...................................................................................	70
(d)	the fifth year.....................................................................................	85
(e)	the sixth year....................................................................................	100
(f)	the seventh year.................................................................................	115
(g)	the eighth year...................................................................................	130
(h)	the ninth year....................................................................................	145
(i)	the tenth year....................................................................................	160

 

(j)	the eleventh year.............................................................................................	180
(k)	the twelfth year...............................................................................................	200
(l)	the thirteenth year............................................................................................	220
(m)	the fourteenth year...........................................................................................	240
(n)	the fifteenth year.............................................................................................	260”;

and

(g) by omitting from Column 3 in Item 30 “10” and substituting “20”.

Application and savings

5. (1) Where, before the commencement of these Regulations, a renewal fee has been paid 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 in accordance with the Patents Regulations as amended by these Regulations in respect of that year of the patent.

(2) 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 date of commencement of these Regulations in respect of a year, being a year that expires on or after the date of commencement of these Regulations, the fee so paid shall be deemed to be the continuation fee payable under the Second Schedule to 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 in respect of a year, being a year that expires on or after the commencement of these Regulations; 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 in accordance with 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 date of 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 date.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 September 1983.

2. Statutory Rules 1962 No. 2 as amended to date. For previous amendments see Note 2 to Statutory Rules 1983 No. 48 and see also