The Patents Regulations, 1909 (Amendment) (Cth)

STATUTORY RULES.

1910. No. 85.

 

REGULATIONS UNDER THE PATENTS ACT 1903-1909.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following regulations under the Patents Act 1903-1909, to come into operation forthwith.

Provisional Regulations, Statutory Rules, 1910, No. 43, and No. 58, made on the 27th day of April, 1910, and on the eighth day of June, 1910, respectively, are hereby cancelled.

Dated this thirtieth day of August, One thousand nine hundred and ten.

DUDLEY,

Governor-General.

By His Excellency’s Command,

FRANK G. TUDOR,

Minister of State for Trade and Customs.

 

Patents Regulations.

1. Paragraph (2) of Regulation 38 of the Patents Regulations, 1909 (Statutory Rules, 1909, No. 96), is repealed, and the following paragraphs are substituted in lieu thereof:—

“(2.) One copy of every complete specification shall be lodged at the Patent Office at the same time as the original.”

“(2a.) The Commissioner may require that, before an application is accepted, five additional copies of the complete specification be lodged at the Patent Office.”

2. Paragraph (2) of Regulation 48 of the Patents Regulations, 1909, is repealed, and the following paragraph is substituted in lieu thereof:—

“(2.) The Commissioner may require that, before an application is accepted, a fac-simile of the original drawings, prepared on tracing cloth, be also lodged.”

3. The Patents Regulations, 1909, are amended by inserting therein, after Regulation 133, the following heading and regulation:—

Extension of Patent under Section 84 of the Act.

133a.—(1.) A patentee (hereinafter called the petitioner) intending to apply by petition to the High Court, or the Supreme Court, for an extension of the term of his patent under section 84 of the Act, shall give public notice, by advertising three times in the Australian Official Journal of Patents, once in the Commonwealth of Australia Gazette, and once, at least, in the capital city of each State, in a daily newspaper published in that city.

C 11430.—Price 3d.

Advertisement of Petition for Extension of Patent.

(2.) The petitioner shall state in each advertisement—

(a) an address for service within the Commonwealth;

(b) a time, not being more than three months, or less than one month, within which the petition is to be filed; and

(c) whether the petition is to be filed in the High Court or in the Supreme Court, and, if in the former, the name of the registry in which it is to be filed.

Officer to whom Caveat may be Addressed.

133b. The prescribed officer to whom a caveat against the extension of the term of a patent may be addressed, shall be—

(a) in the case of a petition to the High Court, if the petition is, or is to be filed in the Principal Registry, the Principal Registrar, and if the petition is, or is to be filed in a District Registry, the District Registrar of the Registry in which the petition is, or is to be filed; and

(b) in the case of a petition to the Supreme Court, the Prothonotary.

Procedure on Petition.

133c. Subject to the Act, the proceedings in relation to the petition shall be as directed by Rules of Court, or as the Court, or a Justice thereof, in each case directs.

4. Forms A, A1, A2, A3, A4, A5, A6, A7, A8, A9, and A10, in the Second Schedule to the Patents Regulations, 1909, are amended by omitting the words “A copy of Form C, and six copies of Form C1,” and inserting in lieu thereof the words “A copy each of Forms C and C1.”

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.