Statutory Rules
1983 No. 491
————————
Statute
Law (Miscellaneous Amendments) (Patents) Regulations
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby
make the following Regulations under the Statute
Law (Miscellaneous Amendments) Act (No. 1) 1982 and the Patents Act 1952.
Dated
22 April 1983.
N. M. STEPHEN
Governor-General
By
His Excellency’s Command,
BARRY
JONES
Minister
of State for Science and Technology
——————
Citation
1. These Regulations may
be cited as the Statute Law (Miscellaneous Amendments) (Patents) Regulations.
Interpretation
2. In these Regulations—
“the
Act” means the Statute Law (Miscellaneous
Amendments) Act (No. 1)1982;
“the
Commissioner” has the same meaning as in the Patents Act 1952.
Application
in respect of excluded invention
3. (1) This regulation applies to a person who, by reason of the
repeal effected by section 17 of the Patents
Amendment Act 1979, avails himself, or takes definite steps by contract or
otherwise to avail himself, of an invention, before a notification is published
under sub-section 191 (9) of the Act as a consequence of the making of an
application by virtue of sub-section 191 (3) of the Act for a patent for that
invention.
(2) For the purposes of
sub-section 191 (11) of the Act, a person to whom this regulation applies may
apply to the Commissioner, in accordance with the form in Schedule 1, for the
grant of a licence to make, use, exercise and vend the invention the subject of
the application made by virtue of sub-section 191 (3) of the Act, to the extent
that he availed himself, or took definite steps by contract or otherwise to
avail himself, of that invention.
(3) A person making an
application under sub-regulation (2) shall serve a copy of his application on
the person making the application by virtue of sub-section 191 (3) of the Act
and on such other persons as the Commissioner directs.
(4) A person on whom a copy
of an application has been served under sub-regulation (3) may, within one
month after the day on which the copy was served on him, or within such further
time as the Commissioner, on an application made in accordance with Form 11 in
the First Schedule to the Patents Regulations within that period of one month,
allows, give notice of opposition to that application in accordance with Form
12 in the First Schedule to the Patents Regulations.
(5) As soon as practicable
after a notice of opposition is given under sub-regulation (4), the person
giving it shall serve a copy of the notice on the person who made the
application for the licence.
(6) The Commissioner shall
hear the application for the licence and, if satisfied that the application
should be granted, may grant to the applicant a licence on such terms as the
Commissioner thinks reasonable, but, if not so satisfied, the Commissioner shall
dismiss the application.
(7) In relation to an
application or a hearing under this regulation—
(a)
regulations 6, 7c and 8;
(b)
Divisions 1, 3 and 4 of Part XIV;
(c)
sub-regulations 76 (3) to (6) (inclusive) and regulations 77 and 78; and
(d)
regulations 83 to 86 (inclusive) and 89 and 90,
of
the Patents Regulations apply as if it were an application or a hearing under
those Regulations.
Review
of decision by Administrative Appeals Tribunal
4. (1) Application may be made to the Administrative Appeals Tribunal
for a review of a decision made by the Commissioner in a hearing under
sub-regulation 3 (6).
(2) Where the Commissioner
gives notice in writing of a decision to a person, the notice shall include a
statement to the effect that a person whose interests are affected by the
decision may, subject to the Administrative
Appeals Tribunal Act 1975, make application to the Administrative Appeals
Tribunal for review of the decision.
Address
for service
5. (1) Where, in a form to be used for the purposes of 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 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 established under the Patents Act 1952, change his address for
service to an address specified in the notice.
(3) Where proceedings to
which these Regulations apply are pending, a person who has given notice under
sub-regulation (2) shall serve a copy of the notice on any person notified in
accordance with these Regulations of the previous address for service.
(4) For the purposes of
these Regulations, service of a document may be effected on a person by
delivering it, or sending it by post, to the address for service notified by
that person.
Compliance
with form
6. Strict compliance with
the form in Schedule 1 is not required and substantial compliance is
sufficient.
Fees
7. For the purposes of
sub-section 176 (1) of the Patents Act
1952\ the fees prescribed in Schedule 2 are the fees payable to the
Commissioner in relation to an application or a hearing under these
Regulations.
——————
SCHEDULE 1Sub-regulations
3 (2) and 5 (1)
COMMONWEALTH OF
AUSTRALIA
Statute
Law (Miscellaneous Amendments) Act (No. I) 1982
APPLICATION FOR LICENCE
I........................................of......................................apply
for the grant, under sub-regulation 3 (2) of the Statute Law (Miscellaneous
Amendments) (Patents) Regulations, of a licence to make, use, exercise and vend
the invention the subject of Application No.........made by virtue of
sub-section 191 (3) of the Statute Law
(Miscellaneous Amendments) Act (No. 1) 1982.
Notification
that the complete specification lodged in respect of that application is open
to public inspection was published in the Official
Journal on..................1983.
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
———————
SCHEDULE 2 Regulation 7
FEES
Column
1 | Column
2 | Column
3 |
Item | Matter | Fee |
$ |
1 | On lodging a notice of
opposition............................. | 45 |
2 | On lodging an
application to lodge further evidence in opposition proceedings
| 50 |
3 | On appearing at a
hearing.........................................
| 55 |
4 | On lodging a request
under sub-regulation 76 (3) of the Patents Regulations, not being a request
for change of address, in respect of each application to which the request
relates.....................................................
| 20 |
5 | For taxing costs.......................................................
| 25 |
NOTE
1. Notified in the Commonwealth of Australia Gazette