Patent Attorneys Regulations 1954 (Amendment)

Legislation au C1960L00014 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1960. No. 14.

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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 10th day of February, 1960.

DUNROSSIL

Governor-General.

By His Excellency’s Command,

(Sgd.) G. E. BARWICK

Attorney-General.

––––––

Amendments of the Patent Attorneys Regulations.†

Other qualifications required.

1. Regulation 20 of the Patent Attorneys Regulations is amended:

(a) by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) he has passed—

(i) an examination qualifying him to obtain a degree in a course approved by the Board in a faculty of engineering or science in a university outside the Queen’s dominions recognized by the Board as a university for the purposes of this sub-paragraph or a degree or diploma in a course approved by the Board in a branch of engineering or science from a technical institution outside the Queen’s dominions recognized by the Board as an institution for the purposes of this subparagraph; and

(ii) if so required by the Board, an examination conducted by or on behalf of the Board for the purposes of establishing that he has qualifications of a standard at least equal to those required under paragraph (a) of this sub-regulation.”; and

(b) by adding at the end thereof the following sub-regulation:—

“(2.) The Board shall, before approving, for the purpose of this regulation, a course for a degree or diploma in a branch of engineering or science, have regard to the syllabus for the course during the period in which a person who seeks the approval of the course by the Board undertook the course.”.

 

* Notified in the Commonwealth Gazette on 18th February, 1960.

† Statutory Rules 1954, No. 40, as amended by Statutory Rules 1957, No. 2.

5907/59.—Price 3d.  14/24.12.1959.


2. After Regulation 20 of the Patent Attorneys Regulations the following regulation is inserted:—

Board may issue certificate of technical qualifications.

“20a. The Board may, if it is satisfied, on application being made in accordance with Form 3a, that the person making the application has the qualifications referred to in paragraph (a), (b) or (c) of sub-regulation (1.) of the last preceding regulation, issue to the person a certificate in accordance with Form 3b.”.

First Schedule.

3. After Form 3 in the First Schedule to the Patent Attorneys Regulations the following forms are inserted:—

“Form 3a.

Regulation 20a.

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 of the Board of Examiners of Patent Attorneys under regulation 20a of the Patent Attorneys Regulations that I have satisfied the Board that I have the qualifications referred to in paragraph (a)/(b)/ (c) of sub-regulation (1.) of regulation 20 of those Regulations.

2. I have the following qualifications:—[here insert the qualifications possessed by the applicant, being a qualification referred to in paragraph (a), (b) or (c) of sub-regulation (1.) of regulation 20 of the Patent Attorneys Regulations.]

3. I furnish herewith the following evidence that I have the qualifications referred to in paragraph 3 of this application:—

Dated this      day of     , 19 .

Signature.

To:

The Secretary,

Board of Examiners of Patent Attorneys.

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“Form 3b.

Regulation 20a.

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—

(a) the Board is satisfied that     of    , has passed [here insert the examination passed by the person named] that qualified him to obtain the degree (or diploma) of                                                         from [here insert the name of the university or institution];

(b) that the Board has approved the course for the degree (or diploma) of     from [university or institution] as a course in a branch of engineering or science for the purposes of regulation 20 of the Patent Attorneys Regulations;


(c) (and, where appropriate) that the Board recognizes the [here insert name of university or institution] as a university [or institution] for the purposes of Regulation 20 of the Patent Attorneys Regulations.

Dated this     day of      , 19 .

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

Secretary.”

First Schedule.

4. Form 4 in the First Schedule to the Patent Attorneys Regulations is amended by omitting the words—

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

and inserting in their stead the words—

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

or

On the     day of     , 19 , the Board of Examiners of Patent Attorneys issued to me a certificate in accordance with Form 3b in the Schedule to the Patent Attorneys Regulations certifying that—

[Here insert matters contained in the certificate.]”.

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

Overview

The Statutory Rules 1960 No. 14, enacted under the Patents Act 1952-1955, addresses the need for amendments to the Patent Attorneys Regulations to ensure that patent attorneys meet the requisite qualifications for their practice. This legislative instrument was created by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting the policy objective to refine the standards of qualifications for patent attorneys to enhance the quality and reliability of patent services. The primary aim of these regulations is to ensure that patent attorneys possess qualifications that meet or exceed the standards set by the Board of Examiners of Patent Attorneys, thereby protecting the integrity of the patent system in Australia. The regulations specify new requirements for educational qualifications, including approved degrees or diplomas in engineering or science from recognised institutions, and establish a process for the Board to certify these qualifications.

Scope and Application

These Regulations, made under the Patents Act 1952-1955, are aimed at amending the qualifications required for individuals seeking to become patent attorneys in Australia. The amendments specifically pertain to Regulation 20 of the Patent Attorneys Regulations, adjusting the educational requirements for patent attorneys to include degrees or diplomas in engineering or science from recognized institutions outside the Commonwealth. The Board of Examiners of Patent Attorneys has the authority to issue certificates of technical qualifications to individuals who meet these criteria, thereby formalising the recognition of their qualifications. The changes also include new application forms and modifications to existing forms to reflect these updated qualifications and certification processes. These Regulations apply nationally within the Commonwealth of Australia, affecting all individuals and entities involved in patent law practice. The scope of these Regulations does not explicitly state any exclusions or thresholds, and they are subject to further definition through subordinate instruments as necessary.

Key Provisions

The primary focus of these regulations is the amendment and addition of provisions concerning the qualifications required of patent attorneys and the certification process by the Board of Examiners of Patent Attorneys (section 1, 2). Specifically, Regulation 20 of the Patent Attorneys Regulations has been amended to refine the qualifications necessary for a patent attorney, requiring them to have passed an examination that qualifies them for a degree in engineering or science from an approved university or technical institution, or an examination conducted by or on behalf of the Board to ensure their qualifications meet the required standard (section 1(a)). Additionally, a new sub-regulation has been inserted to mandate that the Board must consider the syllabus of the course undertaken by the applicant when approving a course for a degree or diploma in engineering or science (section 1(b)). Furthermore, a new regulation, 20a, has been introduced allowing the Board to issue a certificate of technical qualifications to an applicant who meets the specified qualifications (section 2). This certificate is to be issued in accordance with Form 3b, which is detailed in the First Schedule of the Regulations (section 3). These regulations impose several obligations on the parties involved. Patent attorneys must ensure they meet the specified qualifications as outlined in the amended Regulation 20, including passing the requisite examinations and having their courses approved by the Board. The Board, on the other hand, is obligated to consider the syllabus of the courses undertaken by applicants when approving these courses for the purposes of regulation 20. Moreover, the Board must issue a certificate of technical qualifications to applicants who meet the specified criteria, in accordance with the newly introduced Regulation 20a and Form 3b. The inclusion of new forms, Form 3a and Form 3b, in the First Schedule also signifies a procedural requirement for applicants to submit evidence of their qualifications and for the Board to issue the relevant certificates. Failure to comply with these regulations can result in various consequences. While the specific offences, penalties, or consequences for non-compliance are not explicitly stated in the provided text, it is reasonable to infer that the Board may take action against patent attorneys who do not meet the required qualifications. This could potentially include revocation of their registration or certification, thereby impacting their ability to practice as patent attorneys. Additionally, applicants who provide false or misleading information in their applications may face scrutiny or penalties for providing such information. The exact nature of these penalties is not detailed in the text, but they may include fines, legal action, or other administrative penalties as deemed appropriate by the Board or relevant authorities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.