Patents Regulations (Amendment) (Cth)

STATUTORY RULES.

1963. No.52.

REGULATIONS UNDER THE PATENTS ACT 1952-1962.*

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 1952-1962.

Dated this Seventh day of June,1963.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Minister of State for the Interior for and on behalf of the Attorney-General.

AMENDMENTS OF THE PATENTS REGULATIONS.  

Parts.

1. Regulation 2 of the Patents Regulations is amended by inserting after the words—

“Part VI.—Postponement of Acceptance (Regulation 22).” the words—

“Part VIA.—Public Inspection of Complete Specification (Regulation 22A).”.

Interpretation.

2. Regulation 4 of the Patents Regulations is amended by omitting from sub-regulation (1.) the definition of “the Act” and inserting in its stead the following definition:—

“ ‘the Act’ means the Patents Act 1952-1962.”.

Statement of proposed amendments under section 49 of the Act.

3. Regulation 17 of the Patents Regulations is repealed and the following regulations are inserted in its stead:—

“17.—(1.) A statement of proposed amendments lodged under section 49 of the Act shall set out each proposed amendment and the place at which the amendment is proposed to be made.

“(2.) The proposed amendments shall be numbered consecutively and, if more than one statement is lodged, the numbers of the proposed amendments in a subsequent statement shall be consecutive with the numbers in the previous statement.

* Notified in the Commonwealth Gazette on 20th June, 1963.

  Statutory Rules 1962, No. 2.

1060/63.—PRICE 3D. 9/17.5.1963.

“(3.) A proposed amendment that is or includes an alteration of a drawing shall contain a sketch of the part of the drawing that is to be altered showing the proposed alterations in red ink.

“(4.) A proposed amendment may, and shall if the Commissioner so requires, propose the substitution of a new sheet for an existing sheet.

Amendments under section 49 of the Patents Act 1952-1960.

“17A.—(1.) An amendment made under section 49 of the Patents Act 1952-1960 by virtue of the operation of section 28 of the Patents Act 1962 shall be made by the applicant lodging a statement setting out each alteration and the place at which the alteration is to be made.

“(2.) The alterations shall be numbered consecutively and, if more than one statement is lodged, the numbers of the alterations in a subsequent statement shall be consecutive with the numbers in the previous statement.

“(3.) An amendment that is or includes an alteration of a drawing shall be made by lodging with the statement a sketch of the part of the drawing that is to be altered showing the alteration in red ink.

“(4.) An amendment may, and shall if the Commissioner so requires, be made by the substitution of a new sheet for an existing sheet.”.

Order of examination.

4. Regulation 19 of the Patents Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—

“(1A.) Where a person who has made an application for a patent (in this sub-regulation referred to as ‘the original application’) makes a separate application by virtue of sub-section (1.) of section 49A of the Act or a further application by virtue of sub-section (1.) of section 51 of the Act, the separate or further application and the complete specification accompanying it shall be examined—

(a) if the original application has not been examined—at the same time as the original application is examined; or

(b)in any other case—as soon as practicable after the separate or further application is lodged.”.

Request that complete specification be opened to public inspection.

5. After Part VI. of the Patents Regulations the following Part is inserted:—

“PART VIA.—PUBLIC INSPECTION OF COMPLETE SPECIFICATION.

“22A. A request under sub-section (1.) of section 54A of the Act shall be in accordance with Form 13A.”.

Request for leave to amend specification.

6. Regulation 34 of the Patents Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) The person making the request shall furnish to the Commissioner a statement setting out each proposed amendment and the place at which the amendment is proposed to be made.

“(3.) The proposed amendments shall be numbered consecutively.

“(4.) A proposed amendment that is or includes an alteration of a drawing shall contain a sketch of the part of the drawing that is to be altered showing the proposed alterations in red ink.

“(5.) A proposed amendment may, and shall if the Commissioner so requires, propose the substitution of a new sheet for an existing sheet.”.

Amendment of request.

7. Regulation 35 of the Patents Regulations is amended by omitting the words “a copy of the documents amended as provided by sub-regulation (2.) of the last preceding regulation” and inserting in their stead the words “a statement setting out each amendment of the request”.

First Schedule.

8. The First Schedule to the Patents Regulations is amended by inserting in Forms 1, 2, 4 and 5, after the words—

“My address for service is .”

the words—

“(To be included where the application is made by virtue of sub-section (1.) of section 49A.)

This application is a separate application made by virtue of sub-section (1.) of section 49A of the Patents Act 1952-19 in respect of an invention disclosed in the complete specification lodged in respect of Application No.

(To be included where the application is made by virtue of sub-section (1.) of section 51.)

This application is a further application made by virtue of sub-section (1.) of section 51 of the Patents Act 1952-19 in respect of an invention disclosed in the

Provisional	specification lodged in respect of Application No.	.”.
complete

First Schedule.

9. The First Schedule to the Patents Regulations is amended by inserting after Form 13 the following Form:—

Form 13A. Regulation 22A.

Commonwealth of Australia.

Patents Act 1952-19 .

REQUEST FOR PUBLICATION OF NOTIFICATION THAT COMPLETE SPECIFICATION IS OPEN TO PUBLIC INSPECTION.

I,		,of		,
the applicant for the patent applied for on Application No.			, hereby request
that you	forthwith
	forthwith after the expiration of the period of three months after the complete
specification relating to that application was lodged

publish in the Official Journal a notification that the complete specification is open to public inspection.

Dated this day of ,19

(Signature).

To:

The Commissioner of Patents.

First Schedule.

10. The First Schedule to the Patents Regulations is amended by omitting Form 22 and inserting in its stead the following Form:—

FORM 22. Regulation 34.

Commonwealth of Australia.

Patents Act 1952-19 .

REQUEST TO AMEND A COMPLETE SPECIFICATION.

I,		,of		, seek leave to amend
the complete specification	relating to Application		No.		. The
	of Patent

nature of the proposed amendments is as shown in the statement furnished herewith. The reasons for the proposed amendments are as follows:—

(To be completed where the request is made by the patentee.)

I declare that no action for infringement or proceeding for revocation or proceeding in which the validity of the patent or of a claim of the complete specification is disputed is pending.

Dated this day of , 19 .

(Signature.)

(To be completed in cases to which, sub-section (3.) of section 77 of the Act applies.)

I,		, of			, being entered
on the Register as	exclusive licensee		of Patent No.	hereby consent to this amendment.
	mortgagee

Dated this day of , 19 

(Signature.)

To:

The Commissioner of Patents.

Second Schedule.

11. The Second Schedule to the Patents Regulations is amended—

(a)by omitting item 4 and inserting in its stead the following items:—

“4	On lodging a statement of proposed amendments under section 49 or an amendment of such a statement—for each statement or amendment of a statement ..................................................................................	1	0	0
“4A	On lodging amendments made under section 49 of the Patents Act 1952-1960 by virtue of the operation of section 28 of the Patents Act 1962, on each occasion on which amendments are made .........................	1	0	0”;

and

(b)by inserting after item 8 the following item:—

“8A On lodging a request under sub-section (1.) of section 54A for publication of a notification that a complete specification is open to public inspection ................................................................................... 3 0 0”.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.