STATUTORY RULES
1969 No.
REGULATIONS UNDER THE PATENTS ACT 1952-1969*
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 1952-1966.
Dated this twenty-seventh day of December, 1969.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Attorney-General.
Amendments of the Patent Attorneys Regulations†
Time for holding examinations.
1. Regulation 13 of the Patent Attorneys Regulations is amended by adding at the end thereof the following sub-regulation:—
“(3.) Sub-regulation (1.) of this regulation does not apply to supplementary examinations under regulation 18 of these Regulations.”.
Report as to reasons for failure.
2. Regulation 17 of the Patent Attorneys Regulations is amended by inserting after the word “makes” the words “, within one month after being notified by the Board that he has failed in the subject,”,
Supplementary examinations.
3. Regulation 18 of the Patent Attorneys Regulations is amended by adding at the end thereof the following sub-regulation:—
“(2.) Where a candidate who has been prevented by illness or other sufficient cause from submitting a paper in any subject makes application, within one month of the date on which the examination in that subject was held, for the grant of a supplementary examination in that subject, the Board may, in its discretion, grant the examination.”.
Other qualification required.
4. Regulation 20 of the Patent Attorneys Regulations is amended by adding at the end thereof the following sub-regulation:—
“(4.) An approval by the Board of a course or examination for the purposes of this regulation may specify that the course or examination approved is a course completed, or an examination passed, after a specified date or during a specified period.”.
* Notified in the Commonwealth Gazette on 1969.
† Statutory Rules 1954. No. 40, as amended by Statutory Rules 1957, No. 2; 1960, No, 14; and 1964, No. 3.
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra
15884/68—Price 5c 10/21.1.69
Overview
The Statutory Rules 1969 No. 21, under the Patents Act 1952-1966, address issues and gaps in the existing framework concerning the qualifications and examination processes for patent attorneys in Australia. Enacted by the Governor-General in Council, these regulations aim to refine and update the Patent Attorneys Regulations to better serve the needs of the profession. The primary policy objective of these amendments is to ensure that the patent attorney qualification process remains rigorous and relevant, accommodating candidates who face unforeseen circumstances, such as illness, while also allowing for flexibility in the recognition of educational courses and examinations. This legislative instrument is a response to the evolving landscape of patent law and the qualifications required to practise in this field, ensuring that the regulatory environment supports the administration of justice and the protection of intellectual property rights.
Scope and Application
The Regulations under the Patents Act 1952-1966, specifically amending the Patent Attorneys Regulations, apply to candidates seeking to become registered patent attorneys in Australia. The amendments concern the timing and conditions under which supplementary examinations can be held and reported upon, as well as the reporting of reasons for examination failures. The regulations are designed to ensure that the Board of Examiners has the flexibility to manage supplementary examinations and to maintain transparency and fairness in the examination process. The amendments apply nationally across the Commonwealth of Australia, given the federal nature of patent regulation. The regulations do not specify exclusions or thresholds beyond the conditions outlined for supplementary examinations and reporting failures, but they do extend the application of the primary act by adding specific provisions related to supplementary examinations and timelines for reporting examination outcomes.
Key Provisions
The Statutory Rules 1969 No. 21, titled "Regulations Under the Patents Act 1952-1966," amends existing regulations to update the requirements for patent attorneys in Australia. The main changes are made to Regulations 13, 17, 18, and 20 of the Patent Attorneys Regulations (Regulations 1954 No. 40, as amended). Regulation 13(3) specifies that supplementary examinations are exempt from the conditions set out in Regulation 13(1). Regulation 17 is amended to require candidates to provide reasons for their failure within one month of notification by the Board (Regulation 17). Regulation 18(2) allows candidates who could not submit a paper due to illness or other sufficient cause to apply for a supplementary examination within one month of the examination date, subject to the Board's discretion (Regulation 18). Lastly, Regulation 20(4) permits the Board to approve courses or examinations that were completed or passed after a specific date or within a specified period (Regulation 20).
These amendments impose specific obligations on candidates seeking to become patent attorneys in Australia. Candidates must now provide reasons for their examination failures within the stipulated timeframe and can apply for supplementary examinations under certain conditions. Additionally, candidates must ensure that any approved courses or examinations meet the Board's criteria, which may include being completed or passed after a specified date or within a designated period.
The Regulations also set out potential consequences for non-compliance. Although the Statutory Rules do not explicitly state penalties for failure to comply with these obligations, breaches of the amended Regulations could lead to candidates being barred from further examination attempts or having their applications for supplementary examinations denied. The consequences of such denials might include delays in becoming a registered patent attorney or, in severe cases, disqualification from the examination process altogether. However, the exact penalties or consequences for non-compliance are not specified within the text of the Statutory Rules themselves.