Patent Attorneys Regulations 1954 (Amendment)

Legislation au C1957L00002 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1957. No. 2.

 

REGULATIONS UNDER THE PATENTS ACT 1952-1955.*

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 1952-1955.

Dated this eight day of February, 1957.

w. j. slim

Governor-General.

By His Excellency’s Command,

(Sgd.) NEIL O’SULLIVAN

Attorney-General.

 

Amendments of the Patent Attorneys Regulations.†

1. Regulation 18 of the Patent Attorneys Regulations is repealed and the following regulation inserted in its stead:—

Supplementary examinations.

“1.8. Where a candidate who has failed to pass an examination in any subject makes application, within one month after being notified by the Board of that failure, for the grant of a supplementary examination in that subject, the Board may, in its discretion, grant the examination”.

Effect of passes at examinations under repealed regulations.

2. Regulation 19 of the Patent Attorneys Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) Where a person has, before the commencement of the Act, passed in all the subjects of the Intermediate Part and the Final Part of the examination for registration as a patent attorney prescribed by the Patent Regulations, 1912, as in force at any time before the first day of January, 1950, those Parts of that examination are, in relation to that person, the prescribed examination for the purposes of paragraph (c) of sub-section (3.) of section 133 of the Act.”.

Application for certificate of the Board.

3. Regulation 22 of the Patent Attorneys Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The Board shall, on application being made in accordance with Form 4 by a person—

(a) who—

(i) has passed in all the subjects of the examination referred to in regulation 10 of these Regulations, or in such of those subjects as he is required to pass in; or

 

* Notified in the Commonwealth Gazette on , 1957.

† Statutory Rules 1954, No. 40.

5692/56.—Price 3d. 9/7.1.1957.


(ii) being a person in relation to whom an examination is prescribed by sub-regulation (2.) of regulation 19 of these Regulations, has passed in all the subjects of that examination; and

(b) who has satisfied the Board that he possesses the qualifications referred to in whichever of paragraphs (a), (b) and (c) of Regulation 20 of these Regulations is applicable,

issue to that person a certificate to that effect in accordance with Form 5.”.

Removal for non-payment of annual registration fee.

4. Regulation 31 of the Patent Attorneys Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) The Commissioner shall cause a notice in accordance with Form 9 to be sent by post, not later than the first day of June in each year, to each patent attorney at the address of that patent attorney as shown in the Register.”.

First Schedule—Forms 4 and 5.

5. The First Schedule to the Patent Attorneys Regulations is amended by omitting Forms 4 and 5 and inserting in their stead the following forms:—

Form 4.

Regulation 22.

Commonwealth of Australia.

Patents Act 1952-1955.

APPLICATION FOR CERTIFICATE OF THE BOARD OF EXAMINERS OF PATENT ATTORNEYS.

I,     , of    , hereby apply for a Certificate, under regulation 22 of the Patent Attorneys Regulations, of the Board of Examiners of Patent Attorneys that—

(a) I have passed in all the subjects of the examination referred to in regulation 10 of the Patent Attorneys Regulations; and

(or, in the case of a person in relation to whom an examination is prescribed by sub-regulation (2.) of regulation 19 of the Patent Attorneys Regulations)

(a) I have passed in all the subjects of the examination prescribed in relation to me by sub-regulation (2.) of regulation 19 of the Patent Attorneys Regulations; and

(or, in the case of a person who is a legal practitioner or is registered as a patent agent in the United Kingdom)

(a) I have passed in the following subjects of the examination referred to in regulation 10 of the Patent Attorneys Regulations, being the subjects in which I am required to pass:—

[here insert the names of the subjects.]; and

(b) I have the following qualifications:—

[here insert the qualifications possessed by the applicant, being qualifications referred to in paragraph (a), (b) or (c) of regulation 20 of the Patent Attorneys Regulations.]

I furnish herewith the following evidence that I have the qualifications referred to in sub-paragraph (b) of the last preceding paragraph:—

Dated this     day of    , 19 .

Signature.

To:

The Secretary,

Board of Examiners of Patent Attorneys.


Form 5.

Regulation 22.

Commonwealth of Australia.

Patents Act 1952-1955.

CERTIFICATE OF THE BOARD OF EXAMINERS OF PATENT ATTORNEYS.

The Board of Examiners of Patent Attorneys hereby certifies that                   of

(a) has passed in all the subjects of the examination referred to in regulation 10 of the Patent Attorneys Regulations; and

or

(a) has passed in all the subjects of the examination prescribed in relation to him by sub-regulation (2.) of regulation 19 of the Patent Attorneys Regulations; and

or

(a) has passed in the following subjects of the examination referred to in regulation. 10 of the Patent Attorneys Regulations, being the subjects in which he, being a legal practitioner, or being a person registered as a patent agent in the United Kingdom, is required to pass:—

[here insert the names of the subjects.]; and

(b) has satisfied the Board that he has the following qualifications:—

Dated this    day of    , 19 .

For and on behalf of the Board of Examiners of Patent Attorneys.

Secretary.

First Schedule—Form 6.

6. The First Schedule to the Patent Attorneys Regulations is amended by omitting paragraph 4 of Form 6 and inserting in its stead the following paragraph:—

“4. I—

(a) have passed in all the subjects of the examination, being the examination referred to in regulation 10 of the Patent Attorneys Regulations, prescribed for the purposes of paragraph (c) of sub-section (3.) of section 133 of the abovementioned Act in which I am required to pass; and

or

(a) have passed in all the subjects of the examination, being the examination referred to in sub-regulation (2.) of regulation 19 of the Patent Attorneys Regulations, prescribed for the purposes of paragraph (c) of sub-section (3.) of section 133 of the abovementioned Act; and

(b) possess the other qualifications prescribed for the purposes of paragraph (d) of sub-section (3.) of section 133 of the abovementioned Act.

(and, in the case of an application by a legal practitioner or a person registered as a patent agent in the United Kingdom)

I am a person registered/legal practitioner as a patent agent in the United Kingdom, having been so registered on the/admitted to practice as a                            day of                            , 19              .                                                                                                                              on the                            day of                            , 19              , at                                                                                                  ”.


First Schedule—Form 9.

7. The First Schedule to the Patent Attorneys Regulations is amended by adding at the end thereof the following form:—

Form 9.

Regulation 31(a).

Commonwealth of Australia.

Patents Act 1952-1955.

NOTICE THAT ANNUAL REGISTRATION FEE IS PAYABLE.

To     of     , a person registered as a patent attorney under Part XV. of the abovementioned Act.

Take notice that, in accordance with the abovementioned Act and the Regulations made under it, there is payable by you, on the first day of July, 19              , an annual registration fee of                                                        pounds.

Dated this    day of    , 19 .

Commissioner of Patents.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1957 No. 2, titled "Regulations under the Patents Act 1952-1955," were enacted to provide detailed administrative and procedural guidelines for the implementation of the Patents Act 1952-1955. This legislation was introduced to address the need for clear and specific regulations governing the registration and practice of patent attorneys in Australia, ensuring that the administration of patents was conducted efficiently and according to the provisions of the principal Act. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, to formalise the administrative procedures under the Act. The policy objective of these regulations is to standardise the process for patent attorneys' examinations, qualifications, and registration, thereby maintaining the integrity and effectiveness of the patent system in Australia.

Scope and Application

The Statutory Rules 1957, No. 2, Regulations under the Patents Act 1952-1955, pertain to the regulation of patent attorneys within the Commonwealth of Australia. These regulations apply to individuals seeking to be registered as patent attorneys, requiring them to pass specified examinations and meet certain qualifications. The regulations outline the process for supplementary examinations, the recognition of prior examination passes, and the application for a certificate from the Board of Examiners of Patent Attorneys. Additionally, the regulations detail the requirements for the issuance of certificates and the notification of annual registration fees to registered patent attorneys. The scope of these regulations is confined to the Commonwealth and does not explicitly provide for exclusions or exemptions, though the application process inherently excludes those who do not meet the specified criteria. The application of these regulations can be extended or further defined through subordinate instruments, allowing for adjustments in the administrative details and procedural aspects of patent attorney registration and practice.

Key Provisions

The main operative sections of these Regulations under the Patents Act 1952-1955 pertain to the procedures for supplementary examinations, the recognition of past examination passes, the application for a certificate from the Board, and the process for annual registration fees. Regulation 1.8 allows candidates who failed an examination to apply for a supplementary examination within one month of being notified of their failure, at the Board's discretion (paragraph 1). Regulation 19(2) recognises passes in certain examinations conducted under the Patent Regulations, 1912, as fulfilling the prescribed examination requirements for registration as a patent attorney (paragraph 2). Regulation 22 outlines the conditions under which the Board must issue a certificate to applicants who have passed the required examinations and possess the necessary qualifications (paragraph 3). Regulation 31(1a) mandates that the Commissioner must send an annual registration fee notice to each patent attorney by the first day of June each year (paragraph 4). The Regulations impose several obligations on patent attorneys and the Board. Patent attorneys must ensure they apply for supplementary examinations within one month of being notified of their failure, if they wish to be considered for such an examination (Regulation 1.8). Those who previously passed examinations under the Patent Regulations, 1912, must ensure they meet the specific requirements outlined in Regulation 19(2) to have their past examination passes recognised. Additionally, applicants for a certificate from the Board must demonstrate they have passed the required examinations and possess the necessary qualifications as specified in Regulation 22. Finally, patent attorneys are obligated to pay the annual registration fee by the first day of July each year, as notified by the Commissioner in accordance with Regulation 31(1a) (paragraph 4). Failure to comply with the obligations and requirements imposed by these Regulations may result in specific consequences. For instance, not applying for a supplementary examination within the specified timeframe may result in the candidate not being granted the opportunity to retake the examination (Regulation 1.8). Non-compliance with the annual registration fee payment may result in the removal of the patent attorney from the Register, as per Regulation 31(1a). While the Regulations do not explicitly state penalties for non-compliance, it can be inferred that failure to meet these obligations may have consequences under the broader Patents Act 1952-1955 or other relevant legislation.

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