Patents Act 1955

Legislation au C1955A00003 Not in force Act

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PATENTS.

 

No. 3 of 1955.

An Act to amend the Patents Act 1952–1954.

[Assented to 23rd May, 1955.]

BE it enacted by the Queen’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 1955.

(2.) The Patents Act 1952–1954 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 1952–1955.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Application of Act.

3. Section five of the Principal Act is amended by omitting from sub-section (3.) the word “The” (first occurring) and inserting in its stead the words “Subject to sections fifty and fifty a of this Act, the”.

Time for leaving complete specification.

4. Section forty-one of the Principal Act is amended by omitting from sub-section (1.) the word “If” and inserting in its stead the words “Subject to section fifty a of this Act, if”.

Priority dates.

5. Section forty-five of the Principal Act is amended—

(a) by omitting from sub-section (4.) the words “had been included in” and inserting in their stead the words “were a claim of”; and

(b) by adding at the end thereof the following sub-section:—

“(5.) Where, in respect of an application for a patent lodged under the repealed Acts, the Commissioner has required or allowed the applicant to amend the application and specification and drawings or any of them so as to apply to one invention only and the applicant has made an application under this Act for an invention excluded by the amendment, the priority date of a claim of the complete specification lodged under this Act, being a claim fairly based on matter disclosed in the provisional specification or complete specification lodged under the repealed Acts, is the date which would have been the priority date of that claim if that claim were a claim of the complete specification lodged in respect of the application under the repealed Acts.”.


Single patent for cognate invention.

6. Section fifty of the Principal Act is amended—

(a) by inserting in sub-section (3.), after the word “specifications”, the words “,in so far as those inventions are included in the claims of the complete specification,”; and

(b) by inserting after sub-section (5.) the following sub-sections:—

“(5a.) This section extends to the case where one of the applications was, or more than one of the applications were, made under this Act and the other application was, or the other applications were, made under the repealed Acts.

“(5b.) If, in such a case, the Commissioner accepts one complete specification lodged in respect of all those applications, the application or applications made under the repealed Acts shall proceed as if it or they had been lodged under this Act.”.

7. After section fifty of the Principal Act the following section is inserted:—

Procedure where single patent not granted.

“50a.—(1.) If the Commissioner is not of the opinion referred to in sub-section (3.) of the last preceding section—

(a) the complete specification shall be cancelled;

(b) each application shall proceed, under the repealed Acts or under this Act, as the case may be, as though the cancelled complete specification had not been lodged;

(c) the Commissioner may determine the time within which a complete specification in respect of each application may be lodged and, in the case of an application which proceeds under the repealed Acts, may also determine the time within which the application may be accepted; and

(d) the patent granted on any of the applications shall be dated as of the day on which the cancelled complete specification was lodged.

“(2.) Unless a complete specification is lodged in respect of an application within the time determined under paragraph (c) of the last preceding sub-section, the application shall lapse.”.

Multiple priorities.

8. Section one hundred and forty-two of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “the specifications which accompanied”; and

(b) by inserting in sub-section (4.), after the word “first”, the word “so”.

Partial priorities.

9. After section one hundred and forty-two of the Principal Act the following section is inserted:—

“142a. Where a claim of the complete specification accompanying an application under either of the last two preceding sections is fairly


based on matter which was first disclosed in the Convention country in a specification lodged in connexion with the basic application or with one of the basic applications on a date after the making of that basic application, the priority date of that claim is the date on which that matter was so disclosed.”.

 

Overview

The Patents Act 1955 was enacted to amend the existing Patents Act 1952–1954, addressing certain deficiencies and updating the legislative framework to better cater to the evolving needs of patent applicants and the Australian innovation ecosystem. The Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia and received Royal Assent on 23rd May, 1955. The primary goal of this Act is to refine the patent application process by adjusting provisions related to priority dates, allowing for amendments in applications, and providing clarity on the granting of single patents for cognate inventions. The amendments aim to ensure that the patent system remains robust and adaptable to technological advancements and international patent practices.

Scope and Application

The Patents Act 1955 applies to the regulation and administration of patents within the Commonwealth of Australia, with the purpose of amending the Patents Act 1952–1954. This Act governs the application process, the granting of patents, and the rights and obligations of patent holders and applicants. It applies to individuals, companies, and other entities that seek to protect their inventions through the patent system. The Act extends to all applications made under the repealed Acts and the new Act, facilitating the transition and ensuring that applications proceed under the appropriate legislation. Additionally, the Act includes provisions for determining priority dates, allowing for partial and multiple priorities, and establishing procedures for cases where a single patent is not granted. This comprehensive approach ensures that the patent system is fair, efficient, and aligned with the needs of both applicants and the broader public interest.

Key Provisions

The Patents Act 1955 introduces several significant amendments to the existing Patents Act 1952–1954, enhancing the processes for patent applications, priority dates, and the granting of patents for cognate inventions. Section 1 of the Act provides that it may be cited as the Patents Act 1955 and that the original act, amended by this Act, will be known as the Patents Act 1952–1955. The Act came into operation on the day it received Royal Assent, as stated in Section 2. The application of the Act is subject to the provisions of Sections 50 and 50a of the Principal Act, as modified by Section 3. Section 4 modifies the time frame for lodging a complete specification, now subject to the provisions of Section 50a of the Act. Section 5 revises the interpretation of priority dates by clarifying that a claim in a complete specification lodged under the new Act can claim priority based on disclosures in a provisional or complete specification lodged under the repealed Acts, provided the claim is fairly based on such disclosures (subsection 5(5)). Additionally, Section 6 allows for a single patent to cover cognate inventions if they are included in the claims of a complete specification, even if applications for these inventions were made under different Acts. This section also allows for the continuation of applications made under the repealed Acts if the Commissioner accepts a single complete specification for all related applications. The Act imposes obligations on applicants to ensure their specifications and claims are correctly aligned with the amended provisions. If the Commissioner does not believe a single patent can cover the inventions, the complete specification is to be cancelled, and each application will proceed separately under the appropriate Act (Section 50a(1)). Applicants must lodge a complete specification within the time determined by the Commissioner, or their application will lapse (Section 50a(2)). Failure to meet these obligations can result in the cancellation of a patent application and the loss of priority dates, which could significantly impact the enforceability and scope of any granted patents. Section 8 further refines the rules around priority dates by allowing for partial priorities where claims are based on matter disclosed after the basic application date. Under Section 142a, the priority date of such claims is the date of disclosure in the Convention country. The Act does not explicitly outline penalties for non-compliance, but the consequences of failing to adhere to the provisions could include the forfeiture of priority dates and the cancellation of patent applications, both of which could have severe implications for applicants seeking patent protection.

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Area of Law
Intellectual Property Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Repeal & Amendment
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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.