Patent Attorneys Regulations (Amendment)

Legislation au C1964L00003 Regulations Not in force Legislative Instrument

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PATENTS ACT

 

PATENT ATTORNEYS REGULATIONS.

 

STATUTORY RULES 1964, NO. 3.(a)

Subjects to be passed by legal practitioners or patent agents.

1. Regulation 11 of the Patent Attorneys Regulations is amended by inserting in sub-regulations (1.) and (2.), before the words “the last preceding regulation”, the words “sub-regulation (2.) of”.

Eligibility For admission to examination in certain subjects.

2. Regulation 15 of the Patent Attorneys Regulations is amended—

(a) by inserting before the words “regulation 10 of these Regulations” the words “sub-regulation (2.) of”; and

(b) by omitting the words “that regulation” and inserting in their stead the words “that sub-regulation”.

Effect of passes at examinations under repealed Regulations.

3. Regulation 19 of the Patent Attorneys Regulations is amended by inserting in sub-regulation (1.), before the words “regulation 10 of these Regulations”, the words “sub-regulation (2.) of”.

Other qualifications required.

4. Regulation 20 of the Patent Attorneys Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (1.) the word “or” (last occurring);

(b) by adding at the end of sub-regulation (1.) the following word and paragraph:—

“; or (d) he has passed, in a branch of engineering or science, an examination approved by the Board for the purposes of this paragraph qualifying him for graduate membership of The Institution of Engineers, Australia, or for junior membership of The Royal Australian Chemical Institute.”; and

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

“(3.) The Board shall, before approving an examination for the purpose of paragraph (d) of sub-regulation (1.) of this regulation, have regard to the syllabus for any course undertaken in preparation for the examination during the period in which a person who seeks the approval of the examination by the Board undertook the course.”.

Board may issue certificate of technical qualifications.

5. Regulation 20A of the Patent Attorneys Regulations is amended by omitting the words “paragraph (a), (b) or (c)” and inserting in their stead the words “paragraph (a), (b), (c) or (d)”.

(a) Made under the Patents Act 1952-1962 on 8 January, 1964; notified in the Commonwealth Gazette on 16 January, 1964.


Prescribed employment.

6. Regulation 21 of the Patent Attorneys Regulations is amended by omitting the words “this Act” and inserting in their stead the words “the Act”.

Application for certificate of the Board.

7. Regulation 22 of the Patent Attorneys Regulations is amended—

(a) by inserting in sub-paragraph (i) of paragraph (a) of sub-regulation (1.), before the words “regulation 10 of these Regulations”, the words “sub-regulation (1.) of”;

(b) by omitting from paragraph (b) of sub-regulation (1.) the words “paragraphs (a), (b) and (c) of Regulation 20” and inserting in their stead the words “paragraphs (a), (b), (c) and (d) of sub-regulation (1.) of regulation 20”; and

(c) by omitting from sub-regulation (2.) the words “paragraphs (a), (b) or (c) of regulation 20” and inserting in their stead the words “paragraphs (a), (b), (c) and (d) of sub-regulation (1.) of regulation 20”.

First Schedule — Forms 3A, 3B and 4.

8. The First Schedule to the Patent Attorneys Regulations is amended by omitting Forms 3A, 3B and 4 and inserting in their stead the following Forms:—

 

FORM 3A

Regulation 20A.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-1962.

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 [here insert “paragraph (a)”, “paragraph (b)”, “paragraph (c)” or “paragraph (d)”] 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 qualifications referred to in paragraph (a), (b), (c) or (d) 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 2 of this application:—

Dated this    day of    , 19 .

Signature.

To:

The Secretary,

Board of Examiners of Patent Attorneys.

 


FORM 3B.

Regulation 20a.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-1962.

CERTIFICATE OF THE BOARD OF EXAMINERS OF PATENT ATTORNEYS.

The Board of Examiners of Patent Attorneys hereby certifies that                                              , of                                                                                                  , has satisfied the Board that he has the following qualifications:—

[here insert the qualifications possessed by the applicant for the certificate (being qualifications referred to in paragraph (a), (b), (c) or (d) of sub-regulation (1.) of regulation 20 of the Patent Attorneys Regulations) and, where applicable in relation to the applicant, particulars of any course or examination approved by the Board, and of any university or technical institution recognized by the Board, for the purposes of that regulation].

Dated this    day of    , 19 .

For and on behalf of the Board of Examiners

of Patent Attorneys.

Secretary.

 

FORM 4. Regulation 22.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-1962.

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 22 of the Patent Attorneys Regulations, that

[insert in the case of a person who has passed in all the subjects of the examination referred to in sub-regulation (1.) of regulation 10 of the Patent Attorneys Regulations]

I have passed in all the subjects of the examination referred to in sub-regulation (1.) of regulation 10 of the Patent Attorneys Regulations.

or

[insert 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]

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.

or

[Insert in the case of a person who is a legal practitioner or is registered as a patent agent in the United Kingdom]

I have passed in the following subjects of the examination referred to in sub-regulation (1.) of regulation 10 of the Patent Attorneys Regulations, being the subjects in which I am required to pass:—

[here insert the names of the subjects].


FORM 4—continued.

2. [Insert where the applicant has been issued with a certificate in accordance with Form 3B.]

On the   day of   , 19 , the Board of Examiners of Patent Attorneys issued to me a certificate in accordance with Form 3B in the First Schedule to the Patent Attorneys Regulations.

or

2. [Insert where the applicant has not been issued with a certificate in accordance with Form 3B.]

I have the following qualifications:—

[here insert the qualifications possessed by the applicant, being qualifications referred to in paragraph (a), (b), (c) or (d) of sub-regulation (1.) of regulation 20 of the Patent Attorneys Regulations].

3. [Insert where the applicant has not been issued with a certificate in accordance with Form 3B.]

I furnish herewith the following evidence that I have the qualifications referred to in paragraph 2 of this application:—

Dated this    day of    , 19 .

Signature.

To:

The Secretary,

Board of Examiners of Patent Attorneys.

First Schedule —Form 5.

9. Form 5 in the First Schedule to the Patent Attorneys Regulations is amended—

(a) by inserting in paragraph (a) (first occurring) and paragraph (a) (third occurring), before the words “regulation 10 of the Patent Attorneys Regulations”, the words “sub-regulation (1.) of”; and

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

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

[here insert the qualifications possessed by the applicant for the certificate (being qualifications referred to in paragraph (a), (b), (c) or (d) of sub-regulation (1.) of regulation 20 of the Patent Attorneys Regulations) and, where applicable in relation to the applicant, particulars of any course or examination approved by the Board, and of any university or technical institution recognized by the Board, for the purposes of that regulation].”.

First Schedule —Form 6.

10. Form 6 in the First Schedule to the Patent Attorneys Regulations is amended by inserting in sub-paragraph (a) (first occurring) of paragraph 4, before the words “regulation 10 of the Patent Attorneys Regulations”, the words “sub-regulation (1.) of”.

Second Schedule.

11. The Second Schedule to the Patent Attorneys Regulations is amended by omitting from item 7 the figures “32” and inserting in their stead the figures “31”.

Overview

The Patents Act 1952-1962 was enacted to regulate the granting of patents and to establish a system for the registration of patent attorneys in Australia. This legislative instrument, known as the Patent Attorneys Regulations, was introduced to address the need for a formalised qualification process and certification for individuals seeking to practise as patent attorneys in Australia. Enacted under the authority of the Parliament of Australia, the primary policy objective of these regulations is to ensure that patent attorneys possess the requisite technical and legal knowledge to effectively assist clients in the patent application process. The regulations outline the specific qualifications and examinations required for admission to the patent attorney profession, including the amendment of existing regulations to incorporate new qualifications and update forms for applications and certificates.

Scope and Application

The Patents Act, through the Patent Attorneys Regulations, governs the qualifications and requirements for individuals seeking to become patent attorneys in Australia. These regulations apply to any person or entity aspiring to register as a patent attorney under the Act. The scope of this legislation encompasses the educational and professional qualifications needed to practice as a patent attorney, as well as the examination process that applicants must undergo. The regulations are applicable throughout Australia as they fall under the jurisdiction of the Commonwealth. They specify the subjects and examinations that must be passed, including technical qualifications in engineering or science approved by the Board, and they outline the prescribed employment and other qualifications required. The Board of Examiners of Patent Attorneys holds the authority to issue certificates of technical qualifications and to approve examinations. The regulations also detail the forms and procedures for applying for and obtaining a certificate of approval from the Board. These regulations are implemented through statutory rules and forms, which are integral to the application process. There are no stated exclusions or exemptions in these regulations, and they do not specify any thresholds. The application of these regulations may be extended or restricted through subordinate instruments issued by the relevant authorities.

Key Provisions

The Patents Act Patent Attorneys Regulations Statutory Rules 1964, No. 3 amends the Patent Attorneys Regulations to revise the eligibility criteria for patent attorneys in Australia. Specifically, it introduces a new qualification pathway for individuals seeking to practice as patent attorneys. These regulations include amendments to various sections to reflect the new requirements and update the regulatory framework for patent attorneys. Regulation 11 now specifies that certain subjects must be passed by legal practitioners or patent agents, with references to sub-regulation (2.) of regulation 10. Regulation 15 outlines the admission criteria for the examination in certain subjects, referencing sub-regulation (2.) instead of regulation 10. Regulation 19 updates the effect of passes at examinations under the repealed regulations, and regulation 20 adds a new qualification pathway (d) for individuals who have passed an approved engineering or science examination, qualifying them for membership in The Institution of Engineers, Australia or The Royal Australian Chemical Institute. The amended regulations impose several obligations on the parties they govern. Firstly, individuals seeking to become patent attorneys must now satisfy the Board of Examiners that they possess the necessary qualifications. This includes passing specific subjects in an examination or obtaining an approved examination in engineering or science. Additionally, the Board must review and approve any examination that qualifies under the new criteria, considering the syllabus of any course undertaken in preparation for the examination. The Board is also responsible for issuing certificates of technical qualifications to applicants who meet the requirements. Furthermore, applicants must submit detailed applications and evidence of their qualifications, as outlined in the updated forms in the First Schedule of the regulations. The regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the requirements for obtaining a certificate or failing to meet the specified qualifications could potentially result in the denial of certification or the revocation of an existing certification, depending on the enforcement actions taken by the Board of Examiners. Such actions would be governed by the overarching provisions of the Patents Act 1952-1962 and any other relevant legislation or regulations that may impose penalties for non-compliance or misconduct in the profession of patent attorney practice. Overall, the amendments to the Patent Attorneys Regulations aim to enhance the qualifications and regulatory standards for patent attorneys in Australia, ensuring that practitioners are well-qualified and capable of handling the complexities of patent law and practice. The updates reflect a commitment to maintaining high professional standards and ensuring that patent attorneys are adequately prepared to serve their clients in the field of intellectual property law.

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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.