Patents Act 1952

Legislation au C1952A00042 Not in force Act

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PATENTS 1952.

 

No. 42 of 1952.

An Act relating to Patents of Inventions.

[Assented to 27th September, 1952.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title.

1. This Act may be cited as the Patents Act 1952.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Parts.

3. This Act is divided into Parts, as follows:—

Part I.—Preliminary (Sections 1–9).

Part II.—Administration (Sections 10–19).

Part III.—The Register of Patents (Sections 20–33).

Part IV.—Applications for Patents (Sections 34–58).

Part V.—Opposition (Sections 59–61).

Part VI.—Patents and their Sealing (Sections 62–71).

Part VII.—Patents of Addition (Sections 72–76).

Part VIII.—Amendment of Specifications (Sections 77–89).


Part IX.—Extension of Patents (Sections 90–96).

Part X.—Restoration of Patents (Sections 97–98).

Part XI.—Revocation and Surrender of Patents (Sections 99–107).

Part XII.—Working of Patents and Compulsory Licences (Sections 108–112).

Part XIII.—Infringement of Patents (Sections 113–124).

Part XIV.—The Crown (Sections 125–132).

Part XV.—Patent Attorneys (Sections 133–139).

Part XVI.—International Arrangements (Sections 140–145).

Part XVII.—The Appeal Tribunal (Sections 146–151).

Part XVIIL—Miscellaneous (Sections 152–177).

Repeal.

4.—(1.) The Acts specified in the first column of the Schedule to this Act are repealed to the extent respectively specified in the second column of that Schedule.

(2.) The provisions of sections ninety-seven to one hundred (inclusive) of the Patents Act 1903–1950 continue, notwithstanding the repeal effected by the last preceding sub-section, to apply in relation to inventions in respect of which directions have been given under section ninety-six of that Act.

Application of act.

5.—(1.) This Act applies to and in relation to all applications for patents lodged after the commencement of this Act and to and in relation to all patents granted on those applications.

(2.) Subject to sub-section (2.) of section one hundred and seventy-six of this Act, this Act also applies to and in relation to patents granted under the repealed Acts.

(3.) The repealed Acts apply, notwithstanding their repeal, to and in relation to all applications for patents lodged before the commencement of this Act and to the sealing of patents on those applications, but this Act applies to and in relation to the patents so sealed.

(4.) The priority date of each claim of the complete specification of a patent referred to in either of the last two preceding sub-sections is—

(a) the date of the patent; or

(b) in the case of a single patent granted on two or more applications, the date of the application which was accompanied by the provisional specification to which the claim relates, and any reference in this Act to a priority date indicated in a claim includes a reference to…

Overview

The Patents Act 1952 (C1952A00042) was enacted to establish a comprehensive legal framework for the protection of inventions in Australia. The Act repealed several previous Acts, including the Patents Act 1903, Patents Act 1909, Patents Trade Marks and Designs Act 1910, Patents Act 1921, Patents Act 1930, Patents, Trade Marks and Designs Act 1932, Patents Act 1933, Patents Act 1935, Patents Act 1946, and Statute Law Revision Act 1950, consolidating and updating the law on patents. The primary objective of the Act is to provide a system for the registration, protection, and enforcement of patents, ensuring that inventors have exclusive rights to their inventions for a limited period, thereby encouraging innovation and technological advancement. The Act also addresses issues such as patent infringement, compulsory licensing, and the working of patents to balance the interests of inventors with the public's access to technological advancements.

Scope and Application

The Patents Act 1952 applies to all applications for patents lodged after the commencement of the Act and to all patents granted on those applications. It also applies to patents granted under the repealed Acts. The repealed Acts apply to applications for patents lodged before the commencement of the Patents Act 1952 and to the sealing of patents on those applications, but the Patents Act 1952 applies to the patents so sealed. The Act applies to all persons, entities, industries, and conduct or transactions related to patents of inventions within the Commonwealth of Australia, including its territories. The Act extends to the Territory of Norfolk Island, the Territory of Papua, and the Territory of New Guinea. No new application for a patent under a State Patent Act is receivable. The Act provides for the administration of patents, including the establishment of the Patent Office, the appointment of the Commissioner of Patents and other officers, and their powers and functions. It also outlines the process for applying for, examining, and granting patents, as well as the rights and obligations of patentees, including the grant of exclusive rights to make, use, exercise, and vend the patented invention. The Act includes provisions for the opposition to the grant of a patent, the sealing of patents, the extension and revocation of patents, the working of patents and compulsory licenses, and the infringement of patents. It also addresses international arrangements and the Appeal Tribunal. The Act provides for the registration of patent attorneys, their privileges, and the prohibition of unregistered persons from practicing as patent attorneys. It includes provisions for the Crown's use of inventions for the services of the Commonwealth or a State and the acquisition of inventions and patents by the Commonwealth. The Act also contains miscellaneous provisions, such as the devolution of patents, co-ownership of patents, and the Commissioner's power to give directions to co-owners. The Act extends or restricts application through subordinate instruments, such as regulations made under the Act.

Key Provisions

  • The Patents Act 1952 (C1952A00042) outlines the primary provisions, obligations, and penalties related to patents in Australia. Key sections of the Act detail the requirements for patent applications, the administration of the Patent Office, and the rights and obligations of patent holders. The Act mandates that patent applications must be made in prescribed forms and accompanied by either a provisional or complete specification. The Commissioner of Patents, under the Attorney-General, has the authority to control the Patent Office, including the power to summon witnesses, receive evidence, and award costs against parties in proceedings. The Commissioner also has the discretion to delegate certain powers and functions to other officers.
  • The Act imposes several obligations on the parties involved in the patent process. Officers and employees of the Patent Office are prohibited from buying, selling, or trafficking in inventions or patents, and must not furnish information or prepare documents related to patent applications without proper authorization. Failure to comply with these obligations can result in penalties, including fines and imprisonment.
  • Offences and penalties are specified for various breaches of the Act. For instance, failure to comply with a summons to appear before the Commissioner can result in a penalty of fifty pounds. Similarly, refusal to give evidence or produce documents when lawfully required carries a penalty of fifty pounds. More severe penalties, including fines of up to one hundred pounds, apply to officers who engage in unauthorized transactions involving patents or inventions, or who furnish information or prepare documents without authorization. The Act also criminalizes the making of false entries in the Register of Patents, with penalties including imprisonment for up to three years.
  • The Act establishes a structured framework for the administration of patents, including the establishment of the Patent Office, the appointment of the Commissioner and other officers, and the maintenance of a Register of Patents. It outlines the procedures for registering patents, assignments, and other interests in patents, and provides for the inspection and correction of the Register. The Act also details the process for granting, extending, and revoking patents, as well as the rights and obligations of patent holders, including the rights to work the invention and the obligations to pay renewal fees.
  • In cases of infringement, the Act provides for legal proceedings in the High Court, with the exclusive licensee having the right to sue for infringement. The Act also allows for the grant of compulsory licenses in certain circumstances, such as when the reasonable requirements of the public are not being met. The High Court has jurisdiction to hear and determine actions for infringement, as well as actions for the revocation of patents.
  • The Act includes provisions for international arrangements, allowing for the recognition of applications made in Convention countries and the application of priority dates under international conventions. It also establishes the Appeal Tribunal, with the High Court acting as the tribunal, and provides for the making of regulations to carry out the provisions of the Act. The Act concludes with provisions for the publication of an Official Journal, the imposition of fees, and the making of regulations by the Governor-General.

Legal classification tags

Area of Law
Intellectual Property Law
Commercial Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Offence Provisions
Infringement of Patents

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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.