PATENTS.
No. 76 of 1930.
An Act to amend the Patents Act 1903-1922.
[Assented to 16th December, 1930.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Patents Act 1930.
(2.) The Patents Act 1903-1921 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Patents Act 1903-1930.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Application of Acts.
3.—(1.) The amendments made by this Act to section sixty-four and to the First and Second Schedules of the Principal Act shall apply to applications made after the commencement of this Act, and to patents granted on such applications, but shall not apply to patents granted on applications made before the commencement of this Act.
(2.) The provisions of section sixty-four and of the First and Second Schedules to the Principal Act shall continue to apply to patents granted on applications made before the commencement of this Act, as if this Act had not been passed.
Payment of renewal fees.
4. Section sixty-four of the Principal Act is amended—
(a) by omitting from sub-section (2.) the word “the” (second occurring) and inserting in its stead the word “any”; and
(b) by omitting from sub-section (3.) the word “the” (first occurring) and inserting in its stead the word “any”.
Repeal of First Schedule.
5. The First Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—
“THE FIRST SCHEDULE.
Commonwealth of Australia
George V., by the Grace of God of Great Britain, Ireland and the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India:
To all to whom these presents shall come greeting:
Whereas of , in the State of , has, pursuant to the Patents Act 1903-1930, made application for letters patent of an invention for and has made a declaration in the prescribed form that and has by a complete specification fully described and ascertained the invention.
Now, therefore, we do by these Letters Patent give and grant to the said (hereinafter called the patentee) our especial licence full power sole privilege and authority that the said patentee by himself his agents or licensees and no others may at all times hereafter during the term of years herein mentioned make use exercise and vend the said invention within the Commonwealth of Australia in such manner as to him or them may seem meet and that the said patentee shall have and enjoy the whole profit and advantage from time to time accruing by reason of the Said invention during the term of sixteen years from the date hereunder written of these presents:
Provided always that these letters patent are subject to the following conditions:—
(1) That these letters patent shall be void if it is made to appear that this grant is contrary to law or is prejudicial or inconvenient to our subjects in general, or that the said invention is not a new invention, or that the patentee, is not (here set out the statement in the declaration); and
(2) That these letters patent shall cease and determine if the patentee fails to pay any renewal fee set out in the Second Schedule to the Patents Act 1903-1930 on the date when it becomes due or within such further time as may be allowed.
And we do grant unto the patentee that these letters patent shall be construed in the most beneficial sense for the advantage of the patentee.
In witness whereof we have caused these our letters to be made patent this day of One thousand nine hundred and to be sealed as of the day of One thousand nine hundred .
[Seal of Patent Office.] Commissioner of Patents.
[See back.
Renewal Fees.
The renewal fees on these Letters Patent are as set out in the following table, and each renewal fee is to be paid to the Commissioner of Patents:—
Renewal Fees. | Amount. | ||
| £ | s | d. |
Before the expiration of the fifth year from the date of the patent......... | 1 | 0 | 0 |
Before the expiration of the sixth year from the date of the patent......... | 1 | 10 | 0 |
Before the expiration of the seventh year from the date of the patent....... | 2 | 0 | 0 |
Before the expiration of the eighth year from the date of the patent........ | 2 | 10 | 0 |
Before the expiration of the ninth year from the date of the patent......... | 3 | 0 | 0 |
Before the expiration of the tenth year from the date of the patent......... | 3 | 10 | 0 |
Before the expiration of the eleventh year from the date of the patent....... | 4 | 0 | 0 |
Before the expiration of the twelfth year from the date of the patent........ | 4 | 10 | 0 |
Before the expiration of the thirteenth year from the date of the patent...... | 5 | 0 | 0 |
Before the expiration of the fourteenth year from the date of the patent..... | 5 | 10 | 0 |
Before the expiration of the fifteenth year from the date of the patent....... | 6 | 0 | 0”. |
Second Schedule—Fees.
6. The Second Schedule to the Principal Act is repealed and the second following Schedule inserted in its stead:—
“THE SECOND SCHEDULE.
Fees. |
|
|
|
| £ | s | d |
On lodging application accompanied by provisional specification ........... | 1 | 0 | 0 |
On lodging application accompanied by complete specification ............ | 3 | 0 | 0 |
On lodging complete specification after a provisional specification.......... | 2 | 0 | 0 |
On acceptance of complete specification............................ | 2 | 0 | 0 |
For preparation of patent for sealing .............................. | 5 | 0 | 0 |
On filing notice of opposition................................... | 2 | 0 | 0 |
Before the expiration of the fifth year from the date of the patent............ | 1 | 0 | 0 |
Before the expiration of the sixth year from the date of the patent........... | 1 | 10 | 0 |
Before the expiration of the seventh year from the date of the patent......... | 2 | 0 | 0 |
Before the expiration of the eighth year from the date of the patent.......... | 2 | 10 | 0 |
Before the expiration of the ninth year from the date of the patent........... | 3 | 0 | 0 |
Before the expiration of the tenth year from the date of the patent........... | 3 | 10 | 0 |
Before the expiration of the eleventh year from the date of the patent......... | 4 | 0 | 0 |
Before the expiration of the twelfth year from the date of the patent.......... | 4 | 10 | 0 |
Before the expiration of the thirteenth year from the date of the patent........ | 5 | 0 | 0 |
Before the expiration of the fourteenth year from the date of the patent........ | 5 | 10 | 0 |
Before the expiration of the fifteenth year from the date of the patent......... | 8 | 0 | 0”. |