EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 233
Issued by the Authority of the Minister for Science and Technology
The purpose of the amendments is to:
(a) effect a minor alteration of a drafting nature in the Patent Attorneys Regulations; and
(b) increase the fees prescribed in the Second Schedule to the Patent Attorneys Regulations with effect from 1 October 1982.
Details of the proposed amendments are set out below.
Regulation 2 repeals the regulation which lists the Parts into which the Patent Attorneys Regulations are divided.
Regulation 3 inserts a new Second Schedule prescribing increased fees.
In arriving at the new scale of fees the Patent Office has given full and proper consideration to all factors relevant to the fixation of fees. Fees in respect of Patent Attorneys were last reviewed in 1977 and the existing scale has had effect since 17 October 1977. Current Government policy requires the Office to cover expenditure by receipts. Estimates for 1982/83 indicate that the proposed increase in fees will have this result in respect of the operation of the Board of Examiners of Patent Attorneys.
Consultations have taken place on the question of fees with the main interest groups, namely the Institute of Patent Attorneys of Australia and the Australian
Manufacturers’ Patents, Industrial Designs, Copyright and Trade Mark Association.
Proposed fees are compared with the current fees in the attached table.
SECOND SCHEDULE
| ITEM/MATTER | PROPOSED FEE | CURRENT FEE |
| | | |
| | $ | $ |
1 | On lodging application for admission as a candidate at the examination - per subject | 20 | 10 |
2 | On lodging an application for a grant of a supplementary examination in the Intermediate or Final Part of the examination - per subject | 20 | 10 |
3 | On lodging application for report as to reasons for failure - per subject | 20 | 10 |
4 | On lodging application for a certificate of the Board under regulation 22 | 20 | 10 |
5 | On lodging application for registration as a patent attorney | 100 | 50 |
6 | Annual registration fee payable by patent attorney.... | 170 | 40 |
7 | On lodging application for restoration of name of patent attorney which has been removed under regulation 32 | 100 | 25 |
Overview
The Patent Attorneys Regulations 1982, issued under the authority of the Minister for Science and Technology, aim to bring minor drafting changes to the existing regulations and adjust the fees prescribed within the Second Schedule. This legislative amendment was enacted to address the need for an update in the fees charged for patent attorney services, ensuring that the Patent Office can meet its expenditure through its receipts as per current government policy. The fee adjustments were determined after thorough consideration of all relevant factors, and consultations were held with key stakeholders such as the Institute of Patent Attorneys of Australia and the Australian Manufacturers’ Patents, Industrial Designs, Copyright and Trade Mark Association. The new fee structure reflects the fees last reviewed in 1977 and is intended to take effect from 1 October 1982, with the aim of maintaining the operational efficiency of the Board of Examiners of Patent Attorneys.
Scope and Application
The statutory rules issued under the authority of the Minister for Science and Technology aim to bring about a minor alteration of a drafting nature in the Patent Attorneys Regulations and to increase the fees prescribed in the Second Schedule to the Patent Attorneys Regulations effective from 1 October 1982. This Act applies to patent attorneys and entities involved in patent-related examinations and registrations in Australia. The geographic reach of the Act is national, as it pertains to the regulation and operation of patent attorneys across the Commonwealth of Australia. The amendments do not specify any exclusions or exemptions, and the application is straightforward, with the increased fees prescribed in the Second Schedule serving as the primary adjustment. While the Act itself is limited in scope, the fees and regulations it modifies can extend its application through subordinate instruments which may further detail the processes and conditions for patent attorney practices and fees.
Key Provisions
The main sections of the Statutory Rules 1982 No. 233 (Explanatory Statement) pertain to the minor alteration of the drafting nature in the Patent Attorneys Regulations and the increase of fees prescribed in the Second Schedule to the Patent Attorneys Regulations, effective from 1 October 1982. Regulation 2 repeals the regulation listing the parts into which the Patent Attorneys Regulations are divided, while Regulation 3 introduces a new Second Schedule prescribing increased fees. This alteration and fee increase are intended to ensure that the Patent Office can cover its expenditures by receipts, in line with current government policy.
These amendments impose obligations on various parties, primarily those involved in patent attorney registrations and examinations. The new fees structure impacts applicants for admission as candidates at the examination, those seeking supplementary examinations, applicants for reports on reasons for failure, applicants for certificates of the Board, and applicants for registration as patent attorneys. Furthermore, the annual registration fee for patent attorneys is increased, and a fee is introduced for the restoration of a patent attorney’s name that has been removed under regulation 32.
Breach of the provisions set forth in these regulations may result in civil or criminal consequences, although specific offences, penalties, or consequences are not detailed within the Explanatory Statement. The statutory rules and fees are intended to govern the proper functioning of the Patent Office and to ensure compliance from all parties involved in the patent attorney registration and examination processes. The new fees, set to take effect from 1 October 1982, are designed to cover the estimated expenditures of the Board of Examiners of Patent Attorneys for the fiscal year 1982/83.