Patents Regulations (Amendment) (Cth)
REGULATIONS
UNDER THE PATENTS ACT 1952
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
Dated this twenty-eighth day of June 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN MACPHEE
Minister of State for Productivity
–––––––––––––
AMENDMENTS OF THE
PATENTS REGULATIONS
“(e) an amount equal to the difference between the amount so paid and the amount of the renewal fee payable is paid by the patentee before the expiration of 6 months after the expiration of the next succeeding year of the patent.”.
“7AA. (1) Where a petty patent specification received at the Patent Office does not comply with the requirements referred to in regulation 7 or, subject to regulation 90, is not in accordance with the form prescribed in sub-regulation 13(3), the Commissioner may treat the specification as not having been lodged at the Patent Office.
“(2) Where the Commissioner treats a petty patent specification as not having been lodged at the Patent Office, he shall return the specification to the person from whom it was received together with a statement setting out the reasons for its return.
“(3) Where the Commissioner returns a petty patent specification under sub-regulation (2), he shall return with the specification the application and any document lodged in respect of the application.
(a) by omitting from sub-regulation (3) “three months” and substituting” 1 month ”;
(b) by omitting sub-regulations (4) and (5) and substituting the following sub-regulations:
“(4) Where an applicant to whom a direction has been given under sub-regulation (3) in relation to a complete specification that is open to public inspection fails to comply with that direction within a period of 3 months after the date on which it was given, the application to which that complete specification relates shall lapse at the expiration of that period.
“(5) Where an applicant to whom a direction has been given under sub-regulation (3) in relation to a complete specification that is not open to public inspection fails to comply with that direction—
(a) where the complete specification becomes open to public inspection within a period of 3 months after the date on which the direction was given—within that period; or
(b) where the complete specification becomes open to public inspection more than 3 months after the date on which the direction was given—before the complete specification becomes open to public inspection,
the application to which that complete specification relates lapses—
(c) at the expiration of the period of 3 months after the date on which the direction was given; or
(d) on the day on which the complete specification becomes open to public inspection,
whichever is the later.
“(5A) Where an application lapses under sub-regulation (4) or (5), the Commissioner shall advertise that fact in the
Official Journal and shall advise the applicant that the application has so lapsed.’’;(c) by omitting from sub-regulation (6) “ within three months after the date of the advertisement under the last preceding sub-regulation “ and substituting “ at any time ”;
(d) by omitting from sub-regulation (8) all the words after
“ Commissioner shall ” to the end of the sub-regulation and substituting “ advertise the application for restoration in the
Official Journal” ; and(e) by omitting sub-regulation (10) and substituting the following sub-regulations:
“(9) A person interested may, within 3 months from the date of the first advertisement under sub-regulation (8) of an application for restoration, give notice to the Commissioner of opposition to the restoration of the lapsed application and shall serve a copy of the notice on the applicant.
“(10) Notice given under sub-regulation (9) shall be in accordance with Form 12.
“(11) If notice of opposition to the restoration of a lapsed application is not given to the Commissioner under sub-regulation (9) within 3 months of the date of the first advertisement of the application for restoration, the Commissioner shall restore the lapsed application.
“(12) If notice of opposition to the restoration of the lapsed application is given under sub-regulation (9) within 3 months of the date of the first advertisement of the application for restoration the Commissioner shall hear the case and either restore the lapsed application or refuse the application for restoration.
“(13) Where the Commissioner restores a lapsed application under sub-regulation (11) or (12) he shall advertise that fact in the
Official Journal “(14) The provisions of sub-regulations 16F (2) to (6) (inclusive) apply to and in relation to the restoration of a lapsed application under this regulation.
“9. (1) An application for a standard patent or a standard patent of addition shall be in accordance with Form 1.
“(2) An application for a petty patent shall be in accordance with Form 2.
“(3) A petty patent specification shall be in accordance with Form 10A.
“(2) Where a further application for a standard patent is made in pursuance of section 51 of the Act in respect of an invention disclosed in a complete specification or a petty patent specification, being a complete specification or a petty patent specification lodged in respect of the original application, a continuation fee in respect of that further application becomes payable during the year ending on each anniversary of the day on which the complete specification or petty patent specification, as the case requires, was so lodged, commencing with the year ending on the anniversary that first occurs not earlier than 12 months after the day on which the further application was lodged.
“(3)Notwithstanding the provisions of 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 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.”.
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:
“(1) Subject to sub-regulation (2), a notice under subsection 57 (1) or 68b (3) of the Act shall be accompanied by a statement setting out the facts on which the person giving notice relies and, where an assertion is made under paragraph 57 (1) (b) or sub-regulation 68b (3) of the Act 3ased upon a document published in Australia, by—
(a) a copy of the document;
(b) a declaration establishing when and where the document was so published; and
(c) if the document is written in a foreign language, a translation of the document into English authenticated to the satisfaction of the Commissioner. “;
and
(b) by omitting from sub-regulation (2) “ Paragraph (b) of the last preceding sub-regulation does ” and substituting “ Sub-paragraphs (1) (a) and (b) do ”.
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:
“(1) Where an applicant or patentee does not wish to be heard in connection with the exercise of a discretionary power by the Commissioner, he may request the Commissioner to exercise his discretionary powers.”; and
(b) by omitting sub-regulation (3) and substituting the following sub-regulation:
“(3) A reference in this regulation to the exercise of a discretionary power by the Commissioner, or to the exercise of the Commissioner’s discretionary powers, is a reference to the discretionary powers conferred on the Commissioner by the Act or these Regulations.”.
“(3) A petty patent shall be in accordance with Form 14a.’’.
“36a. An application under section 68b of the Act for the grant of an extension of the term of a petty patent shall be in accordance with Form 23A.”.
“(7) The Commissioner shall not make an amendment—
(a) to a petty patent application—where the amendment would so operate as to convert the petty patent application to a standard patent application; or
(b) to a standard patent application—where the amendment would so operate as to convert the standard patent application to a petty patent application.”.
“80. The Patent Office and each sub-office of the Patent Office shall be open to the public from 10 o’clock in the morning to 4 o’clock in the afternoon of each day of the week other than—
(a) a Saturday or a Sunday; or
(b) a day observed in the place in which the Patent Office or sub-office of the Patent Office is situated as a holiday under section 76 of the
Public Service Act 1922.”.
(a) by omitting Form 1 and substituting the following form:
Form 1 Regulation 9
Commonwealth of Australia
APPLICATION FOR A STANDARD PATENT OR A STANDARD PATENT OF ADDITION
I, of hereby apply for the grant of a standard patent/patent of addition for an invention entitled which is described in the accompanying provisional/complete specification.
(
Details of basic applications (s)
Number of basic application
Name of Convention country in which basic application was filed
Date of basic application
(
Number of original application
Person by whom made
(
I request that the patent may be granted as a patent of addition to the patent applied for on Application No. Patent No. in the name of
I request that the term of the patent of addition be the same as that for the main invention or so much of the term of the patent for the main invention as is unexpired.
My address for service is
Dated this day of 19 .
(
(
I, the applicant for Application No./patentee of Patent of No. hereby consent to this application.
Dated this day of 19 .
(
To:
The Commissioner of Patents.
(b) by omitting Form 2 and substituting the following form:
Form 2 Sub-regulation 9 (2)
Commonwealth of Australia
APPLICATION FOR A PETTY PATENT
I, of hereby apply for the grant of a petty patent for an invention entitled which is described in the accompanying petty patent specification
(
Details of basic application(s)—
Number of basic application
Name of Convention country in which basic application was filed
Date of basic application
(
Number of original application
Person by whom made
My address for service is
Dated this day of 19
(
To:
The Commissioner of Patents
(c) by inserting after Form 10 the following form:
Form 10a Sub-regulation 13 (3)
Commonwealth of Australia
PETTY PATENT SPECIFICATION FOR THE INVENTION ENTITLED
The following statement is a full description of this invention, including the best method of performing it known to me:
The claim defining the invention is as follows:
Dated this day of 19 .
(
To:
The Commissioner of Patents
(d) by omitting Form 11b and substituting the following form:
Form 11B Regulation 19d
Commonwealth of Australia
REQUEST FOR EXERCISE OF COMMISSIONER’S DISCRETIONARY POWERS
I, of hereby request that the Commissioner’s discretionary powers be exercised in relation to Application No.
Patent No.
in
respect of (
I do not wish to be heard by the Commissioner in connection with the exercise of those powers.
My address for service is
Dated this day 19 .
(
To:
The Commissioner of Patents
(e) by inserting after Form 14 the following form:
Form 14a Regulation 23 a
Commonwealth of Australia
LETTERS PATENT
(Petty Patent)
(
(
To all to whom these presents shall come,
Greeting:
We do, by these Letters Patent,
give and grant to the person whose name is specified hereunder Our Special
Licence and the exclusive right, subject to the laws in force from time to time
in Australia or a part of Australia, by himself, his agents and licensees, at
all times during the term of these Letters Patent, to make, use, exercise and
vend throughout Australia the invention of the title of which is specified
hereunder and being the invention that is fully defined in the claim of the
petty patent specification accepted in accordance with the
Name of patentee :
Address of patentee :
Name of actual inventor :
Title of invention :
Number of petty patent specification :
Term of Letters Patent : 12 months commencing on , 19 .
(
These Letters Patent have been granted on the convention application. Particulars of the basic application on which the convention application was based are as follows:—
Name of Convention country in
which basic application was filed :
Date of filing of basic application :
Application number of basic application :
–––––––––––––
In Witness whereof Our Commissioner of Patents has caused these Our Letters Patent to be made and to be sealed with the seal of the Patent Office this
day of 19 .
(L.S.)
Commissioner of Patents.
and
(f) by inserting after Form 23 the following form:
Form 23a Regulation 36A
Commonwealth of Australia
APPLICATION UNDER SECTION 68B FOR EXTENSION OF TERM OF PETTY PATENT
I, of .
hereby apply for the grant of an extension of the term of Petty Patent No.
in the name of
which was sealed on
My address for service is
Dated this day of 19 .
(
To:
The Commissioner of Patents
SECOND SCHEDULE Regulations 5, 16a and 29
FEES
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee |
| 1 | On lodging an application for a patent accompanied by a provisional specification | $ 10.00 |
2. | On lodging an application for a petty patent................................................ | 40.00 |
3. | On lodging a complete specification (with or after the lodgement of an application) together with | 40.00 |
| 2.00 | |
| 4.00 | |
4. | On lodging a request for examination of an application— | |
| ||
| 120.00 | |
| 90.00 | |
| ||
| 90.00 | |
| 60.00 | |
5. | On lodging a notice under section 47b of the Act requiring the Commissioner to direct an applicant to request examination.......................................................................................................... | 60.00 |
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee |
| 6. | Continuation fee for the purposes of section 47d of the Act, calculated by reference to year after the lodgement of the complete specification in respect of the application to which the fee relates— | $ |
| 20.00 | |
| 30.00 | |
| 40.00 | |
| 50.00 | |
| 60.00 | |
| 70.00 | |
| 80.00 | |
| 90.00 | |
| 100.00 | |
| 110.00 | |
| 120.00 | |
| 130.00 | |
| 140.00 | |
| 150.00 | |
7. | On lodging an application to restore an application that has lapsed or a patent that has ceased | 50.00 |
8. | For restoring a lapsed application or ceased patent....................................... | 100.00 |
9. | On lodging a notice of opposition under section 47e, 59, 82, 95, 97 or 160 of the Act or regulation 1 6f, 43, 51, 77 or 8 1a.......................................................................................................... | 40.00 |
10. | On lodging an application to lodge further evidence in opposition proceedings | 25.00 |
11. | On appearing at a hearing or lodging a request for the exercise of discretionary | 50.00 |
12. | For sealing a patent................................................................................ | 45.00 |
13. | On lodging an application for the grant of an extension of the term of a petty | 20.00 |
14. | For granting an extension of the term of a petty patent.................................. | 100.00 |
15. | Renewal fee on the expiration of the year of the patent specified below— | |
| 20.00 | |
|
30.00 | ||
| 40.00 | |
| 50.00 | |
| 60.00 | |
| 70.00 | |
| 80.00 | |
| 90.00 | |
| 100.00 | |
| 110.00 | |
| 120.00 | |
| 130.00 | |
| 140.00 | |
| 150.00 | |
16. | On lodging an application under Section 71 of the Act for a duplicate of a patent | 30.00 |
17, | On lodging a request to amend a specification under section 77 of the Act........ | 40.00 |
18. | On lodging a request under regulation 76, not being a request for change of address, in respect of each application or patent to which the request relates...................................................................... | 20.00 |
19. | On making an application under section 21, 22, 23, 74 or 95 or sub-section 65 (2) or 154 (l)or (2) of the Act | 15.00 |
20. | On making a request under section 52b or sub-section 34 (4), 52 (3) or 54a (1) | 15.00 |
21. | On filing an agreement under section 64 of the Act...................................... | 15.00 |
22. | On presenting a petition under section 108 or 109 of the Act.......................... | 15.00 |
Column 1 | Column 2 | Column 3 | ||
Item | Matter | Fee | ||
| 23. | On lodging documents referred to in sub-sections 143 (3) and (4) of the Act after 3 months after lodgement of the application and— | $ | ||
| 20.00 | |||
| 100.00 | |||
24. | On lodging an application under sub-section 160 (2) of the Act for an extension of time on the ground specified in paragraph 160(2)(a)— | |||
| 20.00 | |||
| 40.00 | |||
25. | For an extension of time under sub-section 160 (2) of the Act on the grounds specified in paragraph 160 (2) (a) of the Act, if the extension is granted after the expiration of the period for which the application is made—for each month or part of a month for which the time is extended.............................................................................. | 20,00 less any amount paid under paragraph (a) of item 24 | ||
26. | On lodging an application under sub-section 160 (2) of the Act for an extension of time on the grounds specified in paragraph 160 (2) (b) of the Act........................................................................................... | 20.00 | ||
27. | On lodging an application to which paragraph 82 (b) applies other than an application under sub-section 54 (3) or 66 (4) of the Act................................................................................................................. | 40.00 together with $20 for each month or part of a month for which the application is made | ||
28. | On lodging any other application for an extension of time other than an application under sub-section 54 (3) or 66 (4) of the Act—for each month or part of a month for which the application is made....................... | 20.00 | ||
29. | For the supply of photographic copies of the Register or extracts from the Register or other documents—per document | 3.00 | ||
30. | For a certificate by the Commissioner............................................................... | 10.00 | ||
31. | On lodging a request for the furnishing of information under section 30 of the Act- | |||
| 5.00 | |||
| 10.00 | |||
32. | On lodging a request under section 56 of the Act for the result of a search made under sub-section 48 (3) of the Act | 10.00 | ||
33. | For lodgement of substitute pages in
compliance with a direction under Regulation 7b | |||
| 10.00 | |||
| 50.00 | |||
34. | Fox taxing costs........................................................................................... | 20.00 | ||
(2) Notwithstanding the
amendments made by these Regulations, where, in relation to an application or a
further application for a patent, a continuation fee for the purposes of
section 47D of the
(3) Notwithstanding the amendments made by these Regulations, 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 the application,
the fee so paid shall be deemed to be a renewal fee payable in accordance with the Patents Regulations as amended by these Regulations in respect of that year of the patent.
Provision | Amendment |
Sub-regulation 3 (2)........... | Omit. |
Sub-regulation 5 (2)........... | After “ Patent Office “insert” or a sub-office of the Patent Office “. |
Sub-regulation 5 (5)........... | Omit “ Paragraph (b) of item 31 in the Second Schedule to these Regulations “, substitute “ Item 18 in the Second Schedule “. |
Sub-regulation 5 (5a)......... | Omit” item 11 in the Second Schedule to these Regulations “substitute “ item 27 or 28 in the Second Schedule “. |
Sub-regulation 5 (7)........... | Omit’ “ item 3 4 or 3 5 in the Second Schedule to these Regulations ‘‘, substitute “item 25 in the Second Schedule “. |
Sub-regulation 6 (1)........... | Omit “or a complete specification “, substitute “, a complete specification or a petty patent specification”. |
Sub-regulation 10 (1)......... | Omit. |
Sub-regulation 11 (1)......... | Omit. |
Sub-regulation 11 (3)......... | Omit “complete”. |
Paragraph 14 (b)................ | After “complete specification” insert “or a petty patent specification”. |
Sub-regulation 17 (1)......... | Omit “section 49, sub-section (3) of section 52a or section 52d substitute “ section 49 or 52d or sub-section 49a (4) or 52a (3)”. |
Regulation 17 a................. | Repeal. |
Regulation 18.................... | Repeal. |
Regulation 20.................... | Before “patent” insert “standard”. |
Regulation 21.................... | Before “patent “insert” standard”. |
Provision | Amendment |
Sub-regulation23 (1).......... | Before “ patent “ insert” standard “. |
Sub-regulation 23 (2)......... | Before” patent “insert” standard “. |
Regulation 28.................... | Before “ patent “ insert” standard “. |
Sub-regulation 29 (1)......... | Omit” 20 ^substitute” 15 “. |
Regulation 30.................... | Repeal. |
Sub-regulation 34(1).......... | Omit “ shall be lodged “, substitute “ or petty patent specification shall be “. |
Heading to Part x............... | After” OF “insert” STANDARD “. |
Regulation 40.................... | Before” patent “insert” standard “. |
Paragraph 55 (a)................ | Omit” two months “, substitute “ 3 months “. |
Sub-regulation 56 (1)......... | Omit” two months “, substitute” 3 months “. |
Sub-regulation 56 (2)......... | Omit “ two months “ (wherever occurring), substitute “ 3 months “. |
Paragraph 57 (a)................ | Omit” two months “, substitute “ 3 months “. |
Sub-regulation 76 (3)......... | Omit “ sub-regulation (6) “, substitute “ sub-regulations (6) and (7)”. After “complete specification” insert “or a petty patent specification “. |
Sub-regulation 76 (5)......... | Omit “Where”, substitute “Subject to sub-regulation (7), where “. |
Sub-regulation 76 (6)......... | Omit “ Where “, substitute “ Subject to sub-regulation (7), where “. |
Regulation 81B.................. | Omit” Five dollars “substitute” $10 “. |
Regulation 92.................... | Omit “sub-regulation 7b (8) or 16f (6)”, substitute “sub-regulation |
7b (8) or (12) or 16f (6) (including its application to and in relation to the restoration of a lapsed application under regulation 7b) “. | |
First Schedule.................... | Insert in the heading to Form 1a “commonwealth of” before “Australia”. Omit the heading to Form 3, substitute the following heading: |
“Form 3
Commonwealth of Australia
Patents Act 1952APPLICATION FOR THE GRANT OF A STANDARD PATENT OF ADDITION IN LIEU OF AN INDEPENDENT STANDARD PATENT”.
|
( ( Insert in the heading to Forms 15 to 21 (inclusive) “commonwealth of” before “Australia” (wherever occurring). Omit the heading to Form 22, substitute the following heading: | |
“Form 22 Commonwealth of Australia REQUEST TO AMEND A COMPLETE SPECIFICATION OR A PETTY PATENT SPECIFICATION”. Omit from Form 22 “amend the complete specification”, substitute “amend the complete/Petty patent specification’’. Omit from Form 22 “complete specification is disputed”, substitute “specification is disputed”. Insert in the heading to Form 23 “commonwealth of” before “Australia”. Insert in the heading to Forms 24 to 26 (inclusive) “commonwealth of” before “Australia’’ (wherever occurring). Omit from Form 26 “complete” (wherever occurring). Insert in the heading to Forms 27 to 35 (inclusive) “Commonwealth of” before “australia” (wherever occurring). |
1. Notified in the
Commonwealth of Australia Gazette on 29 June 1979.2. Statutory Rules 1962 No. 2 as amended by Statutory Rules 1963 No. 52; 1965 No. 102; 1969 No. 151 (as amended by Statutory Rules 1969 No. 212); 1974 Nos. 38 and 262; 1975 No. 201; 1976 No. 236; ad 1977 No. 177.
0
0
0