PATENTS.
No. 107 of 1960.
An Act to amend the Patents Act 1952–1955.
[Assented to 16th December, 1960.]
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 1960.
(2.) The Patents Act 1952-1955 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 1952-1960.
Commencement.
2.—(1.) Sections one, two, eight, eleven, twenty, twenty-one and twenty-six of this Act shall come into operation on the day on which this Act receives the Royal Assent.
(2.) The remaining sections of this Act shall come into operation on a date to be fixed by Proclamation.
Application of Act.
3. Section five of the Principal Act is amended by omitting from sub-section (2.) the words “Subject to sub-section (2.) of section one hundred and seventy-six of this Act, this” and inserting in their stead the word “This”.
Definitions.
4. Section six of the Principal Act is amended—
(a) by inserting after the definition of “Australia” the following definition:—
“‘Convention application’ means an application in relation to which Part XVI. applies;”; and
(b) by inserting after the definition of “patent” the following definition:—
“‘patent of addition’ means letters patent for an invention granted under Part VII. of this Act or under Division 6 of Part IV. of the repealed Acts;”.
Who may apply for patent.
5. Section thirty-four of the Principal Act is amended—
(a) by omitting from paragraph (f) of sub-section (1.) the word “or” (last occurring); and
(b) by inserting after that paragraph the following paragraph:—
“(fa) a person who would, if a patent were granted upon an application made by a person referred to in any of the preceding paragraphs, be entitled to have the patent assigned to him; or”.
Form of application.
6. Section thirty-five of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-section:—
“(3.) A declaration setting out the facts relied on to support the application shall be lodged before acceptance of the application.”.
7. Sections forty-two and forty-three of the Principal Act are repealed and the following section is inserted in their stead:—
Complete specification may be treated as provisional in certain circumstances.
“42. Where—
(a) an application was accompanied by a specification purporting to be a complete specification; and
(b) the applicant, within twelve months after the…
Overview
The Patents Act 1960 (C1960A00107) was enacted to amend the Patents Act 1952-1955 and address various gaps and issues within the existing legislation. This Act was introduced by the Parliament of Australia with a focus on refining and improving the patent system, ensuring that it is more efficient and aligned with international standards, particularly those set by the Paris Convention for the Protection of Industrial Property. The legislation encompasses amendments to various sections of the original Act, including changes to the application process, the definition of terms, and the rights and privileges associated with patents. For instance, the Act introduces new provisions for the examination of patent applications, allows for the treatment of certain specifications as provisional, and modifies the rules regarding the acceptance and amendment of patent applications. Additionally, it enhances the rights of patent attorneys and adjusts the procedures for dealing with international patent applications, ensuring that Australian patent law is robust and capable of addressing the complexities of modern inventions and global patent practices.
Scope and Application
The Patents Act 1960, as amended, applies to any person or entity seeking to obtain a patent for an invention within Australia. The Act governs the processes, requirements, and rights associated with patent applications, grants, and maintenance, and it applies to both Australian residents and foreign applicants who wish to secure patent protection within Australia. The legislation provides for the examination and acceptance of patent applications, the granting of patents, and the protection of patent rights. It also regulates the actions and conduct of patent attorneys and establishes the privileges and obligations associated with patent-related communications. The Act's provisions cover the entire process from application to patent grant and post-grant procedures, including opposition and compulsory licensing. The Act’s jurisdiction is limited to Commonwealth law, and it does not extend to state or territory legislation, thereby establishing a uniform national framework for patent law. The Act includes certain exclusions and thresholds, such as the conditions under which a patent can be granted after revocation or the specific circumstances allowing for extensions of time for patent-related actions. Additionally, the Act can be further detailed or modified through subordinate instruments, which may include regulations or guidelines issued by the Commissioner of Patents.
Key Provisions
- The Patents Act 1960 (C1960A00107) amends the Patents Act 1952–1955, introducing several key provisions that govern the patent application and approval process in Australia. The Act specifies that certain sections will come into effect immediately upon receiving Royal Assent, while others will take effect at a later date to be determined by proclamation (sections 1 and 2). The Act defines key terms such as "Convention application" and "patent of addition" to clarify the scope of patent applications that can be filed under this legislation (section 4). It also expands the eligibility of applicants to include individuals who would be entitled to have a patent assigned to them if it were granted (section 5).
- The Act imposes specific obligations on applicants, requiring them to lodge a declaration outlining the facts supporting their application before it can be accepted (section 6). The Commissioner of Patents is tasked with examining each application and complete specification to ensure compliance with the Act's requirements (section 47). If the Commissioner determines that an application and complete specification are acceptable, they must accept them and advertise the acceptance in the Official Journal (section 52). Failure to accept an application within the stipulated time frame results in the application lapsing (section 53). Additionally, the Commissioner must ensure that certain documents are not published to maintain the confidentiality of patent applications (section 11).
- Breaches of the Act's provisions can lead to various civil and criminal consequences. For instance, an applicant who knowingly makes a false statement in their application or specification can be fined or imprisoned (section 115). The Commissioner has the authority to refuse a request for leave to amend a specification if it deems the request unwarranted and may advertise such refusals in the Official Journal (section 81). Furthermore, the Act allows for the imposition of compulsory licenses under specific conditions, such as national emergencies or anti-competitive practices, which can limit the rights of the patentee (section 108). Non-compliance with the Act's requirements or provisions can result in legal action, fines, or imprisonment, depending on the severity of the breach.
- Area of Law
- Intellectual Property Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Compulsory Licences
- Regulatory Standards
