Patents Regulations (Cth)

STATUTORY RULES.

1954. No.

REGULATIONS UNDER THE PATENTS ACT 1952.*

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.

Dated this twenty sixth

day of February , 1954.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Attorney-General.

PATENTS REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Patents Regulations.

Parts.

2. These Regulations are divided into Parts, as follows :—

Part	I	—Preliminary (Regulations 1-3).
Part	II	—Fees (Regulation 4)
Part	III	—Preparation and Lodgment of Documents (Regulations 5-7).
Part	IV	—Applications for Patents (Regulations 8-18).
Part	V.	—Opposition to Grant (Regulations 19-20).
Part	VI	—Patents and Patentees (Regulations 21-30).
Part	VII	—Amendment of Specifications (Regulations 31-33).
Part	VIII.	—Extension of Patents (Regulations 34-36).
Part	IX	—Restoration of Patents (Regulations 37-41).
Part	X	—Surrender of Patents (Regulation 42).
Part	XI	—Working of Patents and Compulsory Licences. (Regulation 43).
Part	XII	—Practice and Procedure

Division 1.—Proceedings in Opposition Cases (Regulations 44-55).

Division 2.—Proceedings other than Opposition Proceedings. (Regulation 56).

Division 3.—Evidence. (Regulations 57-59).

Part

XIII.

— Miscellaneous (Regulations 60-76).

* Notified in the Commonwealth Gazette on , 1954.

2636.—Price 1s. 6d. 12/11.2.1954.

Interpretation.

3.—(1.) In these Regulations, unless the contrary intention appears—

“ basic documents ” means the documents referred to in subsection (3.) of section 143 of the Act ;
“ convention application ” means an application for a patent under Part XVI. of the Act ;
“patent attorney” means a person registered as a patent attorney under Part XV. of the Act ;
“ the Act ” means the Patents Act 1952.

(2.) In these Regulations, a reference to a form by number is a reference to the form so numbered in the First Schedule to these Regulations.

Fees.

Part II.—Fees.

4.—(1.) The fees specified in column 3 of the Second Schedule to these Regulations are, in respect of the respective matters in column 2 of that Schedule opposite to which they are so specified, the prescribed fees for the purposes of section 176 of the Act.

(2.) Payment of fees shall be made at the Patent Office by such means, and in such manner, as the Commissioner directs.

(3.) Where the Commissioner has, under section 42 of the Act, directed that a complete specification be treated as a provisional specification, the amount by which the fee payable on the lodging of a complete specification exceeds the fee payable on the lodging of a provisional specification shall not be refunded, but if a subsequent complete specification is lodged by the applicant, the amount of the excess shall be credited, in whole or in part, towards the payment of the fee payable on lodging that subsequent complete specification.

(4.) Where a patent is not sealed until after the expiration of a year of a patent in respect of which a renewal fee is specified in item 15 in the Second Schedule to these Regulations, the renewal fee specified in relation to that year is payable in addition to the fee payable on the sealing of the patent.

(5.) Items 28 and 30 in the Second Schedule to these Regulations do not apply to a correction necessitated solely by error in the Patent Office.

Part III.—Preparation and Lodgment of Documents.

Preparation of documents generally.

5.—(1.) Documents to be lodged at the Patent Office shall comply with the requirements specified in Part I. of the Third Schedule to these Regulations.

(2.) If a document which is not in accordance with the requirements so specified is received at the Patent Office, the Commissioner may return the document to the person from whom it was received with a statement indicating the requirements which have not been complied with.

(3.) Where a document which is received at the Patent Office is not in accordance with whichever of the forms specified in the First Schedule

to these Regulations is applicable or does not comply with the requirements specified in Part I. of the Third Schedule to these Regulations, the Commissioner may treat—

(a) the document as not having been lodged at the Patent Office ; or
(b) the document as having been so lodged, but require the applicant to make such alterations as are necessary.

(4.) Where a carbon copy or a photographic copy is required to be lodged under these Regulations, the person who lodges the copy of the document shall, unless the Commissioner in a particular case otherwise directs, furnish the copy on paper of good quality and in black and distinct type.

Preparation of specifications.

6.—(1.) A specification including any drawings contained in a specification shall comply with the requirements specified in Part I., Part II. and Part III. of the Third Schedule to these Regulations in so far as they are applicable.

(2.) If a specification which is not in accordance with the requirements so specified is received at the Patent Office, the Commissioner may return the specification to the applicant with a statement indicating the requirements which have not been complied with.

(3.) Where a specification which is received at the Patent Office does not comply with the requirements specified in the Third Schedule to these Regulations, the Commissioner may treat—

(a) the specification as not having been lodged at the Patent Office ; or
(b) the specification as having been so lodged, but require the applicant to make such alterations as are necessary.

Date of lodgment.

7. A document lodged at the Patent Office shall be marked with the date on which it is received in the Patent Office.

Part IV.—Applications for Patents.

Form of application for patent.

8. An application for a patent, other than a convention application, shall be in accordance with Form 1.

Form of application for patent of addition.

9.—(1.) An application for a patent of addition shall be in accordance with Form 2.

(2.) An application for the grant, under section 74 of the Act, of a patent of addition in lieu of an independent patent shall be in accordance with Form 3.

Form of convention application.

10. A convention application shall be in accordance with Form 4 or Form 5, as the case requires.

Form of declaration supporting application.

11.—(1.) A declaration in support of an application for a patent, other than a convention application, shall be in accordance with Form 6.

(2.) A declaration in support of a convention application shall be in accordance with Form 7.

Form of specifications.

12.—(1.) A provisional specification shall be in accordance with Form 8.

(2.) A complete specification shall be in accordance with Form 9.

Copies of specifications.

13. Subject to the next succeeding regulation, an applicant shall lodge with a specification—

(a) a copy, certified by the applicant to be a true and correct copy, of the specification including any drawings contained in the specification ; and
(b) in the case of a complete specification an additional copy of the claim or claims.

Photographic copies of drawings.

14.—(1.) The Commissioner may, at the request of an applicant and on payment of the prescribed fee, make a photographic copy of the drawings contained in the original copy of the specification.

(2.) Where a request is so made—

(a) the applicant is not, unless the Commissioner otherwise directs, required to furnish a copy of the drawings ; and
(b) the photographic copy shall be marked with the words “ True Copy ”.

Drawings not to be folded or creased.

15. Drawings included in a specification shall not be folded or creased.

Amendments under section 49.

16.—(1.) An amendment under section 49 of the Act shall be made by the applicant lodging a statement, setting out—

(a) the places at which alterations are to be made ; and
(b) the nature of each alteration.

(2.) Each alteration 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.) Where an amendment is or includes an alteration of a drawing, the amendment shall be made by lodging with the statement a sketch of the part of the drawing which is to be altered showing the proposed alteration in red ink.

(4.) Whenever the Commissioner so requires, an amendment under section 49 of the Act shall be made by the applicant lodging a new sheet or sheets incorporating the alterations.

Extension of time for lodging basic documents.

17. An application for extension of time for lodging the documents referred to in sub-section (3.) of section 143 of the Act shall be in accordance with Form 10.

Order of examination.

18.—(1.) Subject to this regulation, all applications and complete specifications shall, as far as practicable, be examined in the order in which the applications are lodged in the Patent Office.

(2.) A convention application and complete specification shall not be examined until the basic documents have been lodged.

(3.) The Commissioner may cause the examination of an application and complete specification to be expedited—

(a) if he is satisfied that it is in the public interest so to do ; or

(b) if, after the publication of a notification that the complete specification is open to public inspection, the Commissioner is satisfied that a prima facie case of infringement exists in respect of the claim or claims contained in the specification.

(4.) An applicant who alleges that a prima facie case of infringement exists shall lodge at the Patent Office a statement in writing-setting out fully the nature of the alleged infringement.

(5.) The statement so furnished shall be verified by a declaration made by or on behalf of the applicant and shall be accompanied by an opinion of a barrister, solicitor or patent attorney to the effect that there is a prima facie case of infringement.

Part V.—Opposition to Grant.

Notice of opposition.

19. A notice of opposition to the grant of a patent shall be in accordance with Form, 11.

Extension of time for lodging notice.

20. An application for an extension of time for lodging a notice of opposition to the grant of a patent shall be in accordance with Form 10.

Part VI.—Patents and Patentees.

Form of patent.

21.—(1.) A patent shall be in accordance with Form 12.

(2.) The Commissioner shall publish in the Official Journal a notification of the sealing of a patent.

Determinations under section 63.

22.—(1.) A request for a determination under sub-section (1.) or (2.) of section 63 of the Act shall be in accordance with Form 13.

(2.) The person making the request shall—

(a) serve a copy of the request on the person refusing to proceed with the request for the patent or the other parties to the dispute, as the case requires ; and
(b) if an agreement in writing has been entered into, lodge the agreement and a certified copy of the agreement at the Patent Office.

(3.) Paragraph (b) of the last preceding sub-regulation does not apply if the agreement has already been filed in the Patent Office.

(4.) The Commissioner shall cause notice of the request to be published in the Official Journal.

(5.) A person interested in the application in respect of which a request has been made under this regulation who desires to be heard by the Commissioner shall give notice of the fact to the Commissioner within six weeks after the publication of the notice of the application.

Amendment under section 65 (2.).

23.—(1.) An application under sub-section (2.) of section 65 of the Act shall be in accordance with Form 14.

(2.) The person making the application shall lodge with his application the patent and such documents as are necessary to support the application.

Extension of time under section 66 (5.).

24. An application under sub-section (5.) of section 66 of the Act shall be in accordance with Form 10.

Extension of time under section 66 (6.).

25.— (1.) An application under sub-section (6.) of section 66 of the Act shall be in accordance with Form 10.

(2.) An application under that sub-section shall be lodged at the Patent Office ‘before the expiration of the period allowed by or under section 66 of the Act for the sealing of the patent.

(3.) An extension under sub-section (6.) of section 66 of the Act of the time for sealing of a patent shall not exceed six months.

Notification if patent not sealed.

26. Where a patent is not sealed within the time allowed by or under the Act, the Commissioner shall publish a notification of the fact in the Official Journal.

Payment of renewal fees.

27.— (1.) A renewal fee specified in item 15 in the Second Schedule to these Regulations shall be paid before the expiration of the year of the patent in respect of which that renewal fee is specified.

(2.) An application under sub-section (3.) of section 68 of the Act shall be in accordance with Form 10.

Sealing of duplicate patent.

28. An application for the sealing, under section 71 of the Act, of a duplicate patent shall be in accordance with Form 15.

Assignments, licences, &c.

29. An application for the registration of the title of a person becoming entitled by assignment, transmission or other operation of law to a patent, or to a share in a patent or becoming entitled to an interest in a patent by virtue of a mortgage, licence or other instrument, shall be—

(a) in the case of an application under section 21 or 22 of the Act—in accordance with Form 16 ;
(b) in the case of an application under section 23 of the Act— in accordance with Form 17 ; and
(c) in the case of an application for registration of any other document affecting the proprietorship of a patent or licence under a patent—in accordance with Form 16 or Form 17, as the case requires.

Applications under Section 154.

30.— (1.) An application for directions under sub-section (1.) or (2.) of section 154 of the Act shall be in accordance with Form 18 or Form 19, as the case requires.

(2.) The applicant shall lodge with his application a statement of the facts on which the application is based.

(3.) A copy of the application and of the statement shall be served by the applicant on each other person registered as a patentee.

Part VII.—Amendment of Specifications.

Request under section 77.

31.— (1.) A request under section 77 of the Act for leave to amend a complete specification shall be lodged in accordance with Form 20.

(2.) The person making the request shall furnish to the Commissioner—

(a) a copy of the original specification ;
(b) copies of such pages of the original specification as contain the proposed amendments ; or
(c) a printed copy of the specification,

showing in red ink the amendments which he desires to make.

Amendment of a request.

32. An amendment, under section 80 of the Act, of a request as a result of the Examiner’s adverse report shall be made by lodging at the Patent Office the documents specified in sub-regulation (2.) of the last preceding regulation incorporating the proposed amendments of the request.

Opposition to the request.

33.—(1.) A notice of opposition under section 82 of the Act to a request for amendment shall be in accordance with Form 11.

(2.) An application for extension of time to lodge a notice of opposition under section 82 of the Act shall be in accordance with Form 10.

Part VIII.—Extension of Patents.

Mode of advertisement.

34.—(1.) A patentee who intends to present a petition to the High Court under section 90 of the Act or to apply to the High Court or to the Commissioner under section 95 of the Act, shall advertise his intention in two successive issues of the Official Journal.

(2.) The advertisement shall include an address for service in Australia and shall state a time, being not more than three months and not less than one month after the second advertisement is published in the Official Journal, within which the petition or application is to be lodged.

Application to Commissioner for extension.

35.—(1.) An application to the Commissioner under section 95 of the Act shall be in accordance with Form 21 and shall be lodged at the Patent Office.

(2.) The person making the application shall lodge the evidence in support of the application with the application or shall lodge that evidence within three months after the date on which the application is made.

Notice of opposition.

36.—(1.) A notice of opposition to an application to the Commissioner under section 95 of the Act shall be in accordance with Form 11.

(2.) The notice shall be given within three months after the second advertisement is published in the Official Journal or within such further period, not exceeding one month, as the Commissioner, on an application made in accordance with Form 10, allows.

Part IX.—Restoration of Patents.

Application for restoration.

37. An application under section 97 of the Act for restoration of a patent which has ceased shall be in accordance with Form 22.

Opposition to restoration.

38.— (1.) A person interested may, within three months after the date of advertisement of the application or within such further time, not exceeding three months, as the Commissioner on application in accordance with Form 10 allows, give notice of opposition to the application.

(2.) A notice of opposition to an application for restoration shall be in accordance with Form 11.

Protection of persons who avail themselves of a ceased patent.

39.—(1.) A person who claims that, after a patent which has been restored under section 98 of the Act was notified in the Official Journal as having ceased and before the date of the first advertisement of the application for the restoration of the patent, he availed himself, or

took definite steps by contract or otherwise to avail himself, of the subject matter of the patent, may apply to the Commissioner for the grant of a licence to make, use, exercise and vend the subject matter of the patent.

(2.) An application under the last preceding sub-regulation shall be in accordance with Form 23 and shall be lodged at the Patent Office.

(3.) A copy of the application shall be served on the patentee.

Opposition to claim.

40.— (1.) The patentee may, within twenty-one days after the day on which the copy of the application was served on him or within such further time as the Commissioner on application made in accordance with Form 10 allows, give notice of opposition to the application in accordance with Form 11.

(2.) The patentee shall serve a copy of the notice on the person who has made the application.

Determination of claim.

41. The Commissioner shall hear the application, and, if satisfied that the application should be granted, the Commissioner may grant to the applicant a licence on such terms as the Commissioner thinks just, but, if not so satisfied, the Commissioner shall dismiss the application.

Part X.—Surrender of Patents.

Offer to surrender.

42.—(1.) Notice of an offer to surrender a patent under section 106 of the Act shall be in accordance with Form 24.

(2.) The Commissioner shall give notice of the offer by advertisement in the Official Journal.

(3.) A person who desires to be heard shall, within one month after the advertisement, lodge with the Commissioner a request to be heard.

Part XI.—Working of Patents and Compulsory Licences.

Petitions under section 108 or 109.

43.— (1.) A person who presents a petition to the Commissioner under section 108 or 109 of the Act shall lodge with the petition—

(a) a copy of the petition; and

(b) declarations verifying the facts stated in the petition.

(2.) The petitioner shall—

(a) serve a copy of the petition and the declarations verifying the facts stated in the petition on the patentee ; and
(b) lodge with the Commissioner a statement setting out the date and place of the service of those documents on the patentee.

(3.) The patentee may, within three months after the service of those documents, furnish to the Commissioner and the applicant declarations in answer to the petition.

(4.) The applicant may, within three months after the date on which the affidavits or declarations in answer are served on him, lodge affidavits or declarations in reply to the first-mentioned applications.

Part XII.—Practice and Procedure.

Division 1.—Proceedings in Opposition Cases.

Definitions.

44. In this Division—

“ applicant ” means a person who has made the request or application in respect of which a person has given a notice of opposition ;
“ opponent ” means a person who has lodged a notice of opposition.

Application of Division.

45. This Division applies where a notice of opposition has been given under section 59, 82, 95, 97 or 159 of the Act or under regulation 40 or 64 of these Regulations.

46. An opponent shall—

Opponent’s evidence in support.

(a) serve on the applicant, within three months after the notice of opposition has been lodged at the Patent Office or within such further time as the Commissioner on application in accordance with Form 10 allows, a copy of each of the declarations on which he relies in support of his opposition ; and
(b) as soon as practicable after the copies of the declarations have been so served, lodge the declarations at the Patent Office with a written statement indicating the place at which, and the date on which, the copies of the declarations were so served.

Applicant’s evidence in answer.

47. An applicant shall—

(a) serve on the opponent, within three months after the date on which the declarations of the opponent were served or within such further time as the Commissioner on application in accordance with Form 10 allows, a copy of each of the declarations on which he relies in answer to the opposition ; and
(b) as soon as practicable after the copies of the declarations are so served, lodge the declarations at the Patent Office with a written statement indicating—
(i) the place at which, and the date on which, the copies of the declarations of the opponent were served on him ; and
(ii) the place at which, and the date on which, the copies of his declarations were served on the opponent.

Opponent’s evidence in reply.

48. An opponent—

(a) may serve on the applicant, within three months after the date on which the copies of the declarations of the applicant were served on him or within such further time as the Commissioner on application in accordance with Form 10 allows, a copy of each of the declarations on which he relies in reply to the declarations of the applicant ; and
(b) shall, as soon as practicable after the copies of the declarations are so served, lodge the declarations at the Patent Office with a written statement indicating the place at which, and the date on which, the copies of the declarations were so served.

Statement if declarations in reply not to be lodged.

49. Where an opponent does not intend to lodge declarations in reply to the applicant’s declarations within the time specified in the last preceding regulation or to make an application for an extension of time under that regulation, the opponent may lodge at the Patent Office a written notice to that effect and, if a notice is so lodged, serve a copy on the applicant.

Further evidence to be by leave or special leave.

50.—(1.) An opponent or applicant may not adduce further evidence except—

(a) by leave of the Commissioner, if the parties agree in writing to further evidence being adduced ; or
(b) by special leave of the Commissioner granted on an application made for that purpose.

(2.) An application for special leave under paragraph (b) of the last preceding sub-regulation shall, unless it is made at the hearing, be in accordance with Form 25.

(3.) The person making the application shall lodge with the application a declaration setting out the grounds on which the application is made and the nature of the further evidence which it is desired to lodge.

(4.) The person making the application shall—

(a) serve a copy of the application and a copy of the declaration on the other party to the proceedings ; and
(b) lodge at the Patent Office a written statement indicating the place at which, and the day on which, the copies of the application and the declaration were served on the other party.

(5.) The other party shall, if he intends to oppose the application, give, to the Commissioner and to the person making the application, notice of his intention to do so within fourteen days after the date on which the copies of the application and the declaration were served on him.

(6.) Where special leave to adduce further evidence is granted, the other party shall be entitled to lodge declarations in reply to the further evidence.

(7.) The Commissioner shall notify the parties of his decision on the application for special leave.

Procedure where special leave granted.

51.—(1.) Where the Commissioner grants special leave to a party to adduce further evidence, that party shall—

(a) serve on the other party, within one month after the date on which he receives notification that special leave has been granted, a copy of a declaration containing the further evidence ; and
(b) as soon as practicable after the copy of the declaration is so served, lodge the declaration at the Patent Office with a written statement indicating the place at which, and the date on which, the copy of the declaration was so served.

(2.) If the other party desires to adduce evidence in reply to the further evidence, that party shall—

(a) serve, within one month after the date on which the copy of the declaration referred to in paragraph (a) of the last preceding sub-regulation was served on him, a copy of the declaration on which he proposes to rely in reply to the further evidence on the party who obtained special leave to appeal ; and
(b) as soon as practicable after the copy of the declaration is so served, lodge the declaration at the Patent Office with a written statement indicating the place at which, and the date on which, the copy of the declaration was so served.

Request to fix time and place for hearing.

52.—(1.) Where—

(a) an applicant has not, within the time specified in paragraph (a) of regulation 47 of these Regulations, served copies of the declarations referred to in that paragraph on the opponent ;

(b) an opponent has served on the applicant copies of the declarations referred to in paragraph (b) of regulation 48 of these Regulations ; or
(c) an opponent has lodged the written notice referred to in regulation 49 of these Regulations,

the opponent may lodge at the Patent Office an application in accordance with Form 26 for the time and place for the hearing of the opposition of which he has given notice to be fixed.

(2.) Where—

(a) an opponent has not, within the time referred to in paragraph (a) of regulation 49 of these Regulations, served on the applicant copies of the documents referred to in that paragraph ;
(b) an opponent has not, within the time referred to in paragraph (a) of regulation 49 of these Regulations, served on the applicant copies of the declarations referred to in that paragraph ; or
(c) an opponent has not, within one month after service of—
(i) the copies of the declarations referred to in paragraph (b) of regulation 48 ; or
(ii) the copy of the written notice referred to in regulation 49,

lodged an application under the last preceding regulation, the applicant may lodge at the Patent Office an application in accordance with Form 26 for the time and place for the hearing of the opposition of which notice has been given to be fixed.

(3.) Upon receipt of an application under either of the last two preceding sub-regulations, the Commissioner shall fix a time and place for the hearing of the opposition and shall notify the applicant and opponent accordingly.

Hearing.

53.—(1.) The Commissioner shall hear the applicant and the opponent, if they desire to be heard, at the time and place so fixed.

(2.) The Commissioner may, if he thinks fit, adjourn the hearing from time to time and from place to place.

Notification of Commissioner’s decision.

54. The Commissioner shall forward a copy of his decision to each of the parties to the opposition.

Costs.

55.—(1.) Where, in proceedings in relation to which this Division applies, the Commissioner awards costs against a party to the proceedings, the costs shall be taxed, allowed and certified to by an officer of the Patent Office appointed by the Commissioner for that purpose.

(2.) A taxation of costs is subject to review by the Commissioner.

Division 2.—Proceedings other than Opposition Proceedings.

Procedure.

56. Where the Act or these Regulations authorizes the Commissioner to hear and decide an application or matter not being an opposition, the practice and procedure to be followed for the purposes of enabling the application or matter to be decided shall be the practice and procedure which the Commissioner, on an application made to him for that purpose, directs to be followed.

Division 3.—Evidence.

Evidence.

57. Notwithstanding anything contained in Division 1 of this Part, the Commissioner may require a person who has made a declaration, to attend before him to give evidence orally on oath in lieu of, or in addition to, the evidence contained in the declaration and may allow the person to be cross-examined on his declaration.

Copies of documents.

58.—(1.) Copies of documents (other than specifications available in the Patent Office or in the library of the Patent Office) referred to in proceedings or evidence before the Commissioner shall be lodged in duplicate for the Commissioner’s use.

(2.) Where a document is in a foreign language, a translation of the document verified in such manner as the Commissioner directs shall be furnished for the Commissioner’s use.

Declarations and affidavits.

59.—(1.) A declaration required by the Act or these Regulations to be lodged at the Patent Office or furnished to the Commissioner shall—

(a) be entitled in the matter in respect of which the declaration is made ;
(b) be drawn in the first person ;
(c) state the description and true place of business or abode of the declarant ;
(d) be divided into paragraphs, each of which shall be numbered consecutively and shall, as far as practicable, be confined to one subject ; and
(e) have endorsed on it the name and address of the person who lodges it and the name of the person on whose behalf it is lodged.

(2.) A declaration, other than a declaration in accordance with Form 6 or 7, may be made—

(a) in Australia—before a Notary Public, a Justice of the Peace, a Commissioner for Affidavits, a Commissioner for Declarations or a person authorized to administer oaths or to take declarations under the law of the State or Territory of the Commonwealth where the declaration is made ;
(b) in a part of Her Majesty’s dominions other than Australia— before a Judge, Magistrate, Justice of the Peace, Notary Public, a Commissioner for Oaths, a Commissioner for Affidavits, an Australian Consular Officer or a person authorized by the law of that part to administer oaths or take declarations ; and
(c) in any other place—before a Judge of a court the jurisdiction of which is unlimited, one of Her Majesty’s Consuls or Vice-Consuls, a Notary Public, or an Australian Consular Officer.

(3.) The title of the person before whom the declaration is made and the date when and the place where it was taken or made shall be stated on the declaration.

(4.) The Commissioner may take notice of the signature to a declaration and of the signature of the person before whom it is made without proof of the signatures or of the fact that the person before whom the declaration is made holds the office stated on the declaration.

(5.) In this regulation, “ Australian Consular Officer ” means a person appointed to hold or act in any of the following offices (being an office of the Commonwealth) in a country or place outside Australia :—

(a) ambassador ;

(b) high commissioner ;

(d) head of mission ;

(e) commissioner ;

(f) charge d’affaires ;

(g) counsellor or secretary at an embassy, high commissioner’s office, legation or other post ;

(h) consul general ;

(i) consul ;

(j) vice-consul ;

(k) trade commissioner; and

(l) consular agent.

Part XIII.—Miscellaneous.

Correction of clerical error.

60.—(1.) A request for the correction under section 159 of the Act shall be in accordance with Form 27.

(2.) Except in the case of an application to correct a clerical error or obvious mistake in the Register, the request shall be accompanied by—

(a) an amended application for a patent signed as prescribed by the Act and these Regulations ; or
(b) a certified copy of the document, or part of the document previously lodged,

as the case requires, with the proposed correction shown in red ink.

Opposition to correction of clerical error.

61.—(1.) Where the nature of the proposed correction has been advertised under paragraph (b) of sub-section (2.) of section 159 of the Act, the prescribed time for the purposes of sub-section (3.) of that section is three months after the advertisement or such further period, not exceeding one month, as the Commissioner on application in accordance with Form 10 allows.

(2.) A notice of opposition under sub-section (3.) of section 159 of the Act shall be in accordance with Form 11.

Correction of clerical error by Patent Office.

62.—(1.) Where the Commissioner proposes to make a correction under sub-section (1.) of section 159 of the Act otherwise than in pursuance of a request, he may give notice to the applicant or patentee and to any other person appearing from the Register to have an interest in the patent.

(2.) Where a person to whom notice is given under the last preceding sub-regulation, wishes to be heard, the Commissioner shall give the person an opportunity to be heard before the correction is made.

Amendment of documents not otherwise prescribed.

63.—(1.) Any document for the amendment of which no provision is made by the Act may be amended in such manner, and on such terms, as the Commissioner thinks fit.

(2.) A request for leave to amend a document under this regulation shall be in accordance with Form 28 and shall be accompanied by—

(a) a certified copy of the document previously lodged or of pages thereof showing the proposed amendments in red ink ; or
(b) in the case of an application for a patent or a declaration— an amended copy of the application or declaration executed as prescribed by the Act or these Regulations.

(3.) If the Commissioner considers that the proposed amendment would materially alter the meaning or scope of the document to which the request relates, he shall advertise the nature of the amendment in the Official Journal.

(4.) A person interested may, within three months after the advertisement, or such further period not exceeding one month as the Commissioner on application made in accordance with Form 10 allows, lodge a notice of opposition to the amendment.

(5.) A notice of opposition under the last preceding sub-regulation shall be in accordance with Form 11.

(6.) The person giving the notice of opposition shall serve a copy of the notice on the person who has requested the amendment.

Hours of business.

64. The Patent Office shall be open to the public from ten o’clock in the morning to four o’clock in the afternoon on each day of the week other than—

(a) a Saturday or a Sunday; or
(b) a day observed in the Australian Capital Territory as a holiday under section 76 of the Public Service Act 1922-1953.

Notice of exhibition of invention.

65.—(1.) A notice of intention under sub-section (2.) of section 158 of the Act shall be in accordance with Form 29.

(2.) The person giving the notice shall furnish with the notice a brief description, sketch, drawing or model of the invention and such other information as the Commissioner may require.

(3.) The notice, sketch, drawing, model or other information shall not be published or open to public inspection.

Extensions of time under section 160 (1.).

66.—(1.) An application for an extension of time under sub-section (1.) of section 160 of the Act shall be in accordance with Form 10.

(2.) The person making the application shall furnish with the application a declaration setting out the grounds upon which the application is made.

Time within which applications for extensions of time are to be lodged.

67. An application for an extension of time under these Regulations shall be lodged at the Patent Office—

(a) before the expiration of the time sought to be extended ; or
(b) if the Commissioner is satisfied that special circumstances existed which prevented the application being made before that time, within such time as the Commissioner allows.

Directions not otherwise prescribed.

68. Where, in the opinion of the Commissioner, it is necessary, for the proper prosecution or completion of any proceedings, for a person to perform an act, lodge a document, or produce evidence, which is not provided for by the Act or these Regulations, the Commissioner may require the person to perform the act, lodge the document, or produce the evidence, specified in the notice.

Where requirements cannot be complied with for reasonable cause.

69. Where, under these Regulations, a person is required to do an act or thing, to sign a document, to make a declaration, to produce to or leave with the Commissioner or at the Patent Office any document or evidence and the Commissioner is satisfied that that person is, for reasonable cause, unable to comply with the requirement, the Commissioner may, subject to such terms as the Commissioner directs, dispense with the requirement.

Exercise of discretionary power by Commissioner.

70.—(1.) The Commissioner shall, before exercising a discretionary power given to him by the Act or these Regulations adversely to any person, give that person at least ten days’ notice of the time and place at which that person may be heard.

(2.) Within ten days after the date when the notice would be delivered in the ordinary course of post or such longer time as the Commissioner appoints in the notice, the person notified shall inform the Commissioner whether he desires to be heard in the matter.

(3.) The Commissioner shall, after hearing the person, notify him of the decision.

Certification of copies.

71. Where a person is required by these Regulations to lodge a copy of a document, the person shall certify as to the truth and correctness of the document so lodged in such manner as the Commissioner directs.

Request for information under section 30.

72. A person who desires to be furnished with information as to a matter referred to in section 30 of the Act may lodge at the Patent Office a request in accordance with Form 30.

Address for service.

73.—(1.) Where, in a form in the First Schedule to these Regulations, provision is made for a statement of an address for service, the person completing the form shall state an address in Australia at which documents under the Act or these Regulations may be served on him personally or on a person specified in the form on his behalf.

(2.) A person may, by notice in writing lodged at the Patent Office, change his address for service to an address specified in the notice.

(3.) Where proceedings in relation to which Division 1 of Part XII. of these Regulations applies are pending, a person who has given notice under the last preceding sub-regulation shall serve a copy of the notice on all persons interested in the proceedings.

(4.) Service of a document under the Act or these Regulations may be effected on a person by delivering the document to, or serving the document by post to, the address for service notified by that person.

Notification of service.

74. Where a person is required by the Act or these Regulations to serve on another person a copy of a notice, the first-mentioned person shall, as soon as practicable after service of the notice has been affected, notify the service of the copy of the notice by lodging at the Patent Office a notification in accordance with Form 31, together with a copy of the notice so served.

Compliance with forms.

75. Strict compliance with the forms in the First Schedule to these Regulations is not required and substantial compliance is sufficient.

Destruction of documents.

76.—(1.) The Commissioner may order the destruction of documents relating to applications for patents lodged in the Patent Office not less than twenty-five years before the date of the order.

(2.) The last preceding sub-regulation does not authorize the destruction of—

(a) the Register of Patents ;
(b) documents relating to patents in force ; or
(c) documents considered by the Commissioner, or by any Commonwealth authority concerned with the preservation of archives, to be of legal or historical interest.

THE SCHEDULES.

First Schedule.

Regulation 3 (2.).

Form 1.

Regulation 8.

Commonwealth of Australia.

Patents Act 1952.

APPLICATION FOR A PATENT.

which is described in the accompanying	provisional	specification.
	complete

I, , of , hereby apply for the grant of a Patent for an invention entitled

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 2.

Regulation 9 (1.).

Commonwealth of Australia.

Patents Act 1952.

APPLICATION FOR A PATENT OF ADDITION.

which is described in the accompanying	provisional	specification.
	complete

I, , of , hereby apply for the grant of a Patent of Addition for an invention entitled

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

My address for service is

Dated this day of , 19 .

(Signature.)

(To be completed where application is made by a person other than the applicant for the patent for the main invention or the patentee under the patent for the main invention.)

I ,	the applicant for the Patent	hereby consent to this application.
	patentee of Patent No

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

First Schedule—continued.

Form 3.

Regulation 9 (2.)

Commonwealth of Australia.

Patents Act 1952.

APPLICATION FOR THE GRANT OF A PATENT OF ADDITION IN LIEU OF AN INDEPENDENT PATENT.

I, , hereby request that Patent No. of which I am the patentee be revoked and that in lieu thereof a patent of addition to Patent No. of which I am also the patentee be granted to me.

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 4.

Regulation 10.

Commonwealth of Australia.

Patents Act 1952.

CONVENTION APPLICATION FOR A PATENT.

I, , of , hereby apply for the grant of a Patent for an invention entitled which is described in the accompanying complete specification. This application is made under the provisions of Part XVI. of the Patents Act 1952 and is based on an application for a patent or similar protection made in

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 5.

Regulation 10.

Commonwealth of Australia.

Patents Act 1952.

CONVENTION APPLICATION FOR A PATENT OF ADDITION.

I, , of , hereby apply for the grant of a Patent of Addition for an invention entitled which is described in the accompanying complete specification.

I request that the patent may be granted as a patent of addition to Patent No. . the Patent applied for on application No. . in the name of

This application is made under the provisions of Part XVI. of the Patents Act 1952 and is based on an application for a patent or similar protection made in on

First Schedule—continued.

Form 5—continued.

My address for service is

Dated this day of , 19 .

(Signature.)

(To be completed where application is made by a person other than the applicant for the patent for the main invention or the patentee under the patent for the main invention.)

I,	the applicant for the Patent	hereby consent to this
application.	patentee of Patent No	hereby consent to this

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 6.

Regulation 11 (1.).

Commonwealth of Australia.

Patents Act 1952.

DECLARATION IN SUPPORT OF AN APPLICATION FOR A PATENT OR PATENT OF ADDITION.

In support of the Application made by

for a	patent	for an invention entitled
	patent of addition

I, , of , do solemnly and sincerely declare as follows :—

1. I am the applicant for	patent
	patent of addition

(or, in the case of an application by a body corporate)

1. I am authorized by , the applicant for the

patent

to make this declaration

on its behalf.

patent of addition

2. I am in possession of the invention, the subject of the application.

(or, in the case of anapplication by a body corporate)

2. is in possession of the invention, the subject of the application.

3. I am the actual inventor of the invention.

(or, where a person other than the inventor is the applicant)

3. A.B., of , is the actual inventor of the invention and the facts upon which

I am	is entitled to make the application are as follows :—
the

Declared at this day of , 19 .

(Signature of Declarant.)

To :

The Commissioner of Patents.

First Schedule—continued.

Form 7.

Regulation 11 (2.).

Commonwealth of Australia.

Patents Act 1952.

DECLARATION IN SUPPORT OF A CONVENTION APPLICATION UNDER PART XVI. FOR A PATENT OR PATENT OF ADDITION.

In support of the Convention Application made under Part XVI. of the Patents Act 1952

by for a	patent	invention entitled
	patent of addition

I, of , do solemnly and sincerely declare as follows:—

1. I am the applicant for the	patent
	patent of addition

(or, in the case of an application by a body corporate)

1. I am authorized by , the applicant for

patent

to make this declaration

on its behalf.

patent of addition

2. The basic application as defined by section 141 of the Act was made at in on the day of , 19 , by .

3. I am the actual inventor of the invention referred to in the basic application.

(or, where a person other than the inventor is the applicant)

3. A.B. of , is the actual inventor of the invention and the facts upon which I am the is entitled to make the application are as follows :—

4. The basic application referred to in paragraph 2 of this Declaration was the first application made in a Convention country in respect of the invention the subject of the application.

Declared at this day of , 19 .

(Signature of Declarant.)

To :

The Commissioner of Patents.

Form 8.

Regulation 12 (1.).

Commonwealth of Australia.

Patents Act 1952.

PROVISIONAL SPECIFICATION FOR THE INVENTION ENTITLED

This invention is described in the following statement :—

Dated this day of , 19 .

(Signature.)

First Schedule—continued.

Form 9.

Regulation 12 (2.).

Commonwealth of Australia.

Patents Act 1952.

COMPLETE 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 claims defining the invention are as follows :—

Dated this day of , 19 .

(Signature.)

Form 10.

Regulation 17, 20, 24, 25, 27, 33, 36, 38, 40, 61, 63 and 66.

Commonwealth of Australia.

Patents Act 1952.

APPLICATION FOR EXTENSION OF TIME.

I	, hereby apply, under the provisions of
section	of the Patents Act 1952		, for an extension of time
regulation	of the Patents Regulation
within which
in respect of	Application	No
	Patent

The circumstances in which, and grounds upon which, this application is made are as follows :—

My address for service is

(Signature.)

To :

The Commissioner of Patents.

Form 11.

Regulation 19, 33, 36, 38, 40, 61 and 63.

Commonwealth of Australia.

Patents Act 1952.

NOTICE OF OPPOSITION.

I,	, hereby give notice of opposition under the provisions of
section	of the Patents Act 1952		to the
regulation	of the Patents Regulation
in respect of	Application	No
	patent

First Schedule—continued.

Form 11—continued.

The grounds of my opposition are as follows :—

My interest in this matter is based on the following facts :—

application	on
Patentee

A copy of this notice was served t

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 12.

Regulation 21.

Commonwealth of Australia.

LETTERS PATENT.

(Australian Coat of Arms.)

(Here insert Royal Style and Titles.)

To all to whom these presents shall come Greeting :

Whereas has, in pursuance of the Patents Act 1952, made application for Letters Patent for an Invention for

which is fully described in the complete specification accepted in accordance with that Act :

And whereas Our Commissioner of Patents is satisfied that there is no lawful ground of objection to the grant, under the Patents Act 1952, of the Letters Patent so applied for :

Now therefore We do, by these Letters Patent, give and grant to the said

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 (here insert term of patent and the date, of commencement of the term), to make, use, exercise and vend throughout Australia the invention so described in the complete specification in such manner as he thinks fit so that he shall have and enjoy the whole profit and advantage accruing by reason of the invention during that term.

In Witness whereof Our Commissioner of Patents has caused these Our
Letters Patent to be dated as of the day of
One thousand, nine hundred and , and to be sealed
with the seal of the Patent Office this day of ,
, One thousand nine hundred and

Commissioner of Patents.

First Schedule—continued.

Form 13.

Regulation 22.

Commonwealth of Australia.

Patents Act 1952.

REQUEST FOR A DETERMINATION OF THE COMMISSIONER UNDER SECTION 63.

I, , being of Application No.

hereby request the Commissioner of Patents to determine

the person who may proceed with that application

the manner of proceeding with that application.

The facts on which I rely are as follows :—

The address for service is

A copy of this request was, on the day of 19 , served on

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 14.

Regulation 23.

Commonwealth of Australia.

Patents Act 1952.

APPLICATION UNDER SECTION 65 (2.) FOR AMENDMENT OF LETTERS PATENT.

I, , hereby request that the accompanying Letters Patent No. granted to be amended by substituting, for the name of the patentee, the name of of being the person to whom the patent should have been granted.

The grounds on which this application is made are as follows :—

I furnish herewith the following documents :—

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

First Schedule—continued.

Form 15.

Regulation 28.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952.

APPLICATION FOR DUPLICATE OF LETTERS PATENT.

I, , hereby apply under section 71 of the Act for a duplicate of Patent, dated , No. granted to for an invention entitled to be sealed.

The grounds on which this application is made are as follows :—

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 16.

Regulation 29.

Commonwealth of Australia.

Patents Act 1952.

APPLICATION UNDER SECTION 21 OF THE ACT FOR REGISTRATION OF TITLE TO PATENT.

I, , of , hereby make application for

my name to be entered in the Register of Patents as	proprietor	of Patent
	co-proprietor

No. at present registered in the name of .

The grounds upon which this application is made are as follows :—

I furnish with this application the following documents :—

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

First Schedule—continued.

Form 17.

Regulation 29.

Commonwealth of Australia.

Patents Act 1952.

APPLICATION UNDER SECTION 23 OF THE ACT FOR REGISTRATION OF AN INTEREST IN A PATENT.

I, , of hereby make application for notice of the interest claimed by me hereunder to be entered in the Register of

Patents in respect of Patent No. at present registered in the name of

My claim is based on the following grounds :—

I furnish with this application the following documents : —

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 18.

Regulation 30.

Commonwealth of Australia.

Patents Act 1952.

APPLICATION FOR DIRECTIONS UNDER SECTION 154 (1.).

I, , of hereby apply for the following directions in respect of Patent No. :—

The facts of the case are set out in the accompanying statement.

A copy of this application and a copy of the accompanying statement were

served on of on

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

First Schedule—continued.

Form 19.

Regulation 30.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952.

APPLICATION FOR DIRECTIONS UNDER SECTION 154 (2.).

I, , of , hereby apply for directions in respect of the failure of to comply with the directions of the Commissioner given under sub-section (1.) of section 154 of the Patents Act 1952

on the day of , 19 , in the following matter :—

The facts of the case are set out in the accompanying statement.

A copy of this application and a copy of the accompanying statement were

served on of on

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 20.

Regulation 31.

Commonwealth of Australia.

Patents Act 1952.

REQUEST TO AMEND A COMPLETE SPECIFICATION.

I, , of , seek leave to amend the complete specification lodged in connexion with Application Patent No. as shown in red ink in the furnished herewith.

The nature of, and reasons for, the proposed amendments are as follows :—

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 mortgagee of Patent No. hereby consent to this amendment.

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

First Schedule—continued.

Form 21.

Regulation 35.

Commonwealth of Australia.

Patents Act 1952.

APPLICATION TO COMMISSIONER. UNDER SECTION 95 FOR EXTENSION OF TERM OF PATENT.

I, , of , hereby apply for an extension of the term of Patent. No. for a term of

Notice of my intention to make this application was advertised in the two issues of the Official Journal published on , and , respectively.

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 22.

Regulation 37.

Commonwealth of Australia.

Patents Act 1952.

APPLICATION UNDER SECTION 97 FOR THE RESTORATION OF A PATENT.

I, , of , hereby make application for the restoration of Patent No. .

The circumstances which led to my failure to pay the prescribed renewal

fee of £ on or before are as follows :—

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 23.

Regulation 39 (2.).

Commonwealth of Australia.

Patents Act 1952.

APPLICATION FOR LICENCE IN RESPECT OF A RESTORED PATENT.

I, , of , hereby apply for the grant, under regulation 39 of the Patents Regulations, of a licence to make, use, exercise and vend the subject-matter of Patent No. .

The patent was, on the day of , 19 , notified in the Official Journal as having ceased.

The first advertisement for the restoration of the patent was published on

the day of , 19 .

The grounds upon which this application is made are as follows :—

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

First Schedule—continued.

Form 24.

Regulation 42.

Commonwealth of Australia.

Patents Act 1952.

OFFER TO SURRENDER A PATENT.

I, , of , hereby offer to surrender

Patent No. .

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

An action for infringement, a proceeding for revocation or proceeding in which the validity of the patent or of a claim in the complete specification is pending and particulars of the action or proceeding are as follows :—

My reasons for making this offer are as follows :—

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 25.

Regulation 50.

Commonwealth of Australia.

Patents Act 1952.

APPLICATION FOR SPECIAL LEAVE TO LODGE FURTHER EVIDENCE IN OPPOSITION PROCEEDINGS.

I, , hereby apply for special leave of the Commissioner to lodge further evidence in

the opposition proceedings in respect of	application
	patent

No.

The nature of the further evidence and the grounds for making this application are set forth in the accompanying declaration.

A copy of this application and of the accompanying declaration was served

on on .

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

First Schedule—continued.

Form 26.

Regulation 52.

Commonwealth of Australia.

Patents Act 1952.

APPLICATION FOR TIME AND PLACE FOR HEARING OF OPPOSITION.

I, , of , hereby apply for a time and place to be fixed for the hearing of the opposition lodged by .

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 27.

Regulation 60.

Commonwealth of Australia.

Patents Act 1952.

REQUEST FOR CORRECTION OF CLERICAL ERROR.

I, , of , hereby request that the clerical error

in the	relating to	application	No.
		patent

be corrected as indicated in red ink in the accompanying

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 28.

Regulation 63 (2.)

Commonwealth of Australia.

Patents Act 1952.

REQUEST TO AMEND A DOCUMENT.

I, , of , hereby request that

the in respect of	Application	No. be amended as
	Patent

shown in red ink in the accompanying .

My reasons for making this amendment are as follows :—

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

First Schedule—continued.

Form 29.

Regulation 65.

Commonwealth of Australia.

Patents Act 1952.

NOTICE OF INTENDED EXHIBITION OF AN INVENTION.

I, , of , hereby give notice of my intention to exhibit an invention relating to at the

Exhibition which	opens	on
	opened

and will close on

I enclose a	brief description	of the invention
	sketch
	drawing
	model

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 30.

Regulation 72.

Commonwealth of Australia.

Patents Act 1952.

REQUEST UNDER SECTION 30.

I, , of , hereby request that you will inform me of (here insert particulars in relation to which information is sought).

In support of this request, I furnish herewith the following evidence of my interest in the matter :—

My address for service is

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Form 31.

Regulation 74.

Commonwealth of Australia.

Patents Act 1952.

NOTIFICATION OF SERVICE.

I, of , hereby give notice that on the day of 19 , a copy of notice given section of the Patents Act 1952

by me under

Section

of the Patents Act 1952

was served on

Regulation

of the Patents Regulations

(here state the name and description of the person served)

(here state method of service)

A copy of the notice so served is annexed hereto.

Dated this day of , 19 .

(Signature.)

To :

The Commissioner of Patents.

Second Schedule.

Regulations 4 and 27.

FEES.

Item No.	Matter.	Fee.
£	s.	d.
1	On lodging application for a patent accompanied by—
(a) a provisional specification.............................................................	2	0	0
(b) a complete specification.................................................................	6	0	0
and, where application is made under section 142 of the Act in respect of several inventions—for each basic application after the first..................	1	0	0
2	On lodging a complete specification—
(a) before the expiration of nine months from the date of the application ..............................................................................................................	4	0	0
(b) after the expiration of nine months from the date of the application.. ..............................................................................................................	5	0	0
3	On lodging amendments under section 49, on each occasion on which amendments are made.......................................................................	1	0	0
4	On lodging application for extension of time under subsection (3.) of section 143—for each month or part month applied for..................................	2	0	0
5	For advertisement of acceptance	4	0	0
6	On lodging notice of opposition under sections 59, 82, 95, 97 or 159 or under regulation 40 or ...............................................................................

4	0	0
7	On lodging application for extension of time to lodge a notice of opposition—for each month or part month applied for............................................	1	0	0
8	On lodging a request to fix time and place for hearing of opposition.. ......	5	0	0
9	On application to lodge further evidence in opposition proceedings.. .......	4	0	0
10	On lodging declarations in opposition proceedings—for each declaration	0	5	0
11	For sealing a patent...............................................................................	7	10	0
12	On lodging application for a determination under section 63...................	2	0	0
13	On lodging application for amendment of a patent under sub-section (2.) of section 65.........................................................................................	2	0	0
14	On lodging application for extension of the period for sealing under sub-section (5.) or (6.) of section 66— for each month or part of a month applied for ...................................................................................................	4	0	0
15	Renewal fee on the expiration of the year of the patent specified hereunder—
(a) the fourth year ...........................................................................	5	0	0
(b) the fifth year ..............................................................................	6	0	0
(c) the sixth year .............................................................................	7	0	0
(d) the seventh year .........................................................................	8	0	0
(e) the eighth year ...........................................................................	9	0	0
(f) the ninth year .............................................................................	10	0	0
(g) the tenth year ............................................................................	11	0	0
(h) the eleventh year .......................................................................	12	0	0
(i) the twelfth year ..........................................................................	13	0	0
(j) the thirteenth year .......................................................................	14	0	0
(k) the fourteenth year .....................................................................	15	0	0
(l) the fifteenth year ........................................................................	16	0	0
16	On lodging application for extension of time for paying a renewal fee—for each month or part of month applied for ............................................	2	0	0
17	On lodging application under section 74 ................................................	5	0	0
18	On lodging application under section 71 for a duplicate of a patent .........	4	0	0

Second Schedule—continued.

Item No.	Matter.	Fee.
£	s.	d.
42	On lodging an application for an extension of time which is not otherwise provided for in this Schedule—
(a) if made before the expiration of the time to be extended, for each month or part of a month applied for ...........................................................................................	1	0	0
(b) if made after the expiration of the time to be extended, the amount payable under the preceding paragraph, plus an amount of ...........................................................................................	10	0	0
43	For a notice or advertisement in the Official Journal, per line (single column) ....................................................................................	0	2	0
44	On lodging any document for the lodging of which a fee is not otherwise prescribed .................................................................................	0	5	0

Third Schedule.

Regulations 5 and 6.

PART I.—REQUIREMENTS IN RELATION TO DOCUMENTS GENERALLY.

1. Documents shall be written in the English language on tough white paper of good quality, the thickness of three hundred sheets of which is not less than one inch.

2. The sheets of the paper shall be thirteen inches by eight inches.

3. The contents of a document shall be written on one side only of the paper in a carbonaceous or other permanent ink on which bleaching agents do not have any effect.

4. The contents of a document shall be so written as to leave a margin of not less than two inches on the left-hand side of the sheet.

5. If the contents of a document are in handwriting, the writing shall be large and legible.

6. If the contents of a document are printed, the type shall not be less than pica (12 points).

7. The signature of the person signing a document and the date of signature shall be placed on the last sheet of the document.

8. The name of a person who signs a specification or drawing shall be written in block letters immediately below the signature.

9. An interlineation, alteration, erasure or amendment made in a document before it is lodged at the Patent Office shall be initialled by the person who signs the document in the margin of the document opposite to the interlineation, alteration, erasure or amendment.

PART II.—REQUIREMENTS IN RELATION TO SPECIFICATIONS.

1. The specification shall be commenced below the centre of the first page.

2. The pages shall be numbered consecutively.

3. At least each fifth line of each page shall be numbered in the left-hand margin.

4. The claims shall be numbered consecutively.

5. The claims shall commence on a page separate from the remainder of the specification.

6. A formula, table, sketch, drawing or other matter which is not in plain text shall not be included in the body of a specification or in the claims.

Third Schedule—continued.

7. Reference may be made in the specification and claims to formulae or tables marked on the drawings by reference numbers or letters.

8. If practicable, technical terms, abbreviations and symbols used shall conform to the standards approved and published by the British Standards Institution or the Standards Association of Australia.

9. A book, specification or other work shall not be referred to unless it is available to the public in Australia and is fully identified in the specification.

10. A specification shall not be prolix or vague or contain irrelevant matter.

11. The priority date of each claim in a specification shall be inserted in parenthesis at the end of each claim.

12. A registered trade mark shall not be used as the means of identifying a substance or article in a specification unless it is not practicable to identify the substance or article by other means.

13. If reference is made in a specification to a trade mark, the fact that it is a trade mark shall be stated.

PART III.—REQUIREMENTS IN RELATION TO DRAWINGS.

1. Drawings shall be made on white paper, being hot-pressed, rolled or calendered strong paper of good quality, the thickness of one hundred sheets of which is not less than one inch.

2. Drawings shall be so made as to permit them to be clearly reproduced on a reduced scale by photography.

3. Washes or colours shall not be used.

4. Drawings shall not be mounted.

5. The sheets of the paper shall be thirteen inches by eight inches.

6. The drawings shall be so made as to leave a margin of one-half of an inch on each side of the sheet.

7. A drawing may be commenced on one sheet and continued on a subsequent sheet.

8. Where the drawings on a number of sheets form a complete figure, the drawings shall be so made that the complementary parts or lines on the several sheets show, when placed side by side, the complete figure.

9. Lines shall be drawn in black ink and shall be uniform in thickness or gradation.

10. Section lines shall not be closer than thirty to the inch.

11. Shading lines shall not be used.

12. The figures in the drawings shall be numbered consecutively without regard to the number of sheets used and shall, as far as practicable, be arranged in numerical order.

13. Reference letters and figures in drawings shall be—

(a) in bold type ;

(b) not less than one-eighth of an inch in height ;

(d) in the case of large parts, be placed upon the parts ; and

(e) in the case of small parts, shall be placed on one side of the drawings and connected by a fine line to the parts to which they refer.

14. If the drawings contain different views of the same part, the same reference letters and figures shall be used on those views.

15. Drawings shall be marked—

(a) in the top right-hand corner of each sheet—with the number of sheets of the drawings and the number of the particular sheet ;
(b) in the bottom right-hand corner of each sheet—with the signature of the person who signed the application ;
(c) in the centre of the top of each sheet—with the word “ Original ” or “ True Copy ”, as the case requires.

16. Where drawings are lodged with a complete specification after one or more provisional specifications have been lodged, the application number and date or the application numbers and dates shall be marked in the bottom left corner of each sheet.

Third Schedule—continued.

17. The title of the invention or other means of identification shall not appear on the drawings but may be written in pencil on the back of the sheets.

18. An advertisement or address of a person shall not be marked on the drawings.

19. Except as provided in this Part of this Schedule, descriptive matter shall not be marked on the drawings.

20. Drawings which are in the nature of flow-sheets may have marked on them such descriptive matter as is necessary to show the materials and the chemical or other reactions or treatments used in carrying out the invention.

21. Drawings which show symbolically a number of instruments or units of apparatus and their interconnexions may be marked with such descriptive matter as is necessary to identify the instruments or units or their interconnexions.

22. Drawings shall include all chemical, mathematical or other formulae (including a sequence of formulae and the necessary explanation of the relationship between the formulae in the sequence) and tabulated data which are necessary to describe the invention fully and the best method of performing the invention which is known to the applicant.

By Authority : L. F. Johnston, Commonwealth Government Printer, Canberra.