STATUTORY RULES.
1912. No. 129.
PROVISIONAL REGULATION 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 certify that, on account of urgency, the following Regulation under the Patents Act 1903-1909 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated the 26th day of June, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES,
Attorney-General.
Board of Examiners of Patent Attorneys.
Notwithstanding anything in the Patents Regulations 1912 (Statutory Rules 1912, No. 76), the Board of Examiners constituted under the Patents Regulations 1909 (Statutory Rules 1909, No. 96) and the members thereof, as existing at the date of the commencement of the Patents Regulations 1912, shall have full power and authority to do all things necessary on its or their parts to be done to complete any examination commenced before the said date, and to grant or refuse to grant any certificate in connexion with any such examination, and for the purpose of this Regulation, the provisions of the Patents Regulations 1909, so far as applicable, shall be deemed to continue in force.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.8480.—Price 3d.
Overview
The Provisional Regulation under the Patents Act 1903-1909, published as Statutory Rules 1912, No. 129, was introduced by the Governor-General in Council to address the urgent need for continuity in patent examination processes following the amendment of the Patents Act 1903-1909. The enactment aimed to ensure that patent examinations commenced prior to the introduction of the Patents Regulations 1912 could be completed without interruption. The Provisional Regulation was designed to maintain the authority of the Board of Examiners of Patent Attorneys, constituted under the Patents Regulations 1909, allowing them to continue their duties and make final decisions on any pending examinations, thereby addressing the transitional gap created by the legislative changes. The policy objective was to safeguard the integrity and continuity of patent examination procedures during a period of legislative transition.
Scope and Application
The Provisional Regulation under the Patents Act 1903-1909 applies to the Board of Examiners of Patent Attorneys as constituted under the Patents Regulations 1909, including its existing members, and pertains to the completion of any patent examination that was commenced prior to the introduction of the Patents Regulations 1912. This regulation allows the Board to exercise its full powers and authority to either grant or refuse certificates related to these ongoing examinations. The geographic and jurisdictional reach of this regulation is within the Commonwealth of Australia, as it is a statutory rule issued under the authority of the Governor-General and the Federal Executive Council. This regulation specifically supersedes any conflicting provisions within the Patents Regulations 1912, ensuring that the Board can continue its activities as if the 1909 regulations were still in force for the purpose of completing the examinations initiated before the 1912 regulations took effect. The application of the Act is not restricted by any stated exclusions or exemptions, but it is limited to the specific context of examinations already underway prior to the new regulations.
Key Provisions
The main operative sections of this Provisional Regulation pertain to the Board of Examiners of Patent Attorneys and their powers. Section 1 specifies that the Board of Examiners, as constituted under the Patents Regulations 1909, will continue to have the full power and authority to complete any patent examination that was started before the Patents Regulations 1912 came into force. This includes the authority to grant or refuse to grant any certificates related to such examinations (s. 1). The Regulation also states that for the purpose of these provisions, the applicable parts of the Patents Regulations 1909 will be deemed to remain in force (s. 1).
The obligations and requirements imposed by this Provisional Regulation are focused on the continuity of the examination process for patent applications. The Board of Examiners is mandated to complete any ongoing patent examinations that were initiated before the new Regulations took effect. This includes the authority to make final decisions on whether to grant or withhold patent certificates for these applications. The existing members of the Board, as constituted under the previous Regulations, retain their authority to perform these duties.
In terms of consequences for non-compliance or breach, this Provisional Regulation does not explicitly outline specific offences, penalties, or civil or criminal consequences. However, any failure by the Board of Examiners to adhere to the provisions of this Regulation could potentially result in legal challenges or disputes regarding the validity of completed examinations or the issuance of certificates. The overarching legislation, the Patents Act 1903-1909, may contain provisions that address such issues, and any breaches could be subject to the penalties and consequences outlined in that Act.