PATENTS AMENDMENT ACT 1978
No. 131 of 1978
An Act to amend the Patents Act 1952.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Patents Amendment Act 1978.
(2) The Patents Act 1952 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Publication of complete specification
3. (1) Section 54a of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:
“(2) Where—
(a) a complete specification has been lodged and a period of 18 months has elapsed since—
(i) if the complete specification contains only one claim—the priority date of that claim;
(ii) if the complete specification contains 2 or more claims and those claims have the same priority date—that priority date; or
(iii) if the complete specification contains 2 or more claims and those claims have 2 or more priority dates—the earlier or earliest, as the case may be, of those priority dates; and
(b) the specification has not become open to public inspection,
the Commissioner shall, unless the application has lapsed or has been refused or withdrawn, forthwith publish in the Official Journal a notification that the complete specification is open to public inspection.”.
(2) The amendment made by sub-section (1) does not apply in relation to complete specifications lodged on or before the date of commencement of this Act.
Overview
The Patents Amendment Act 1978 is a legislative piece that seeks to amend the Patents Act 1952. Enacted by the Queen, with the consent of the Senate and House of Representatives of the Commonwealth of Australia, the Act was introduced to address certain gaps and issues within the existing patent framework. Specifically, it aims to refine the process of publishing complete patent specifications to ensure timely and orderly dissemination of patent information. The objective is to enhance transparency and efficiency in the patent system, allowing for more effective management and access to patent details. This Act came into operation on the day it received the Royal Assent, ensuring swift implementation of the necessary changes to the existing patent legislation.
Scope and Application
The Patents Amendment Act 1978 amends the Patents Act 1952, extending its provisions to include changes in the process for the publication of complete specifications of patents. The Act applies to any person or entity that has lodged a complete specification for a patent after the Act's commencement. The amendment affects the timing of when complete specifications are published for public inspection, requiring the Commissioner to publish such specifications in the Official Journal after 18 months from the relevant priority date, which is determined based on the claims within the specification. This Act applies throughout the Commonwealth of Australia and does not include any specific exclusions or exemptions in the text provided, though it is likely that other provisions of the Principal Act may contain such details. The application of this Act may also be extended or restricted through subordinate instruments, though the specific details of such extensions or restrictions are not mentioned in the provided text.
Key Provisions
The Patents Amendment Act 1978 primarily amends the Patents Act 1952 by modifying the procedure for the publication of complete specifications. Section 3(1) amends section 54a of the Principal Act to change the conditions under which the Commissioner must publish a notification that a complete specification is open to public inspection. According to the new provision, this notification must be published if a complete specification has been lodged and a period of 18 months has elapsed since the relevant priority date, without the specification having become open to public inspection. The relevant priority date is determined by the number and dates of claims within the specification.
The obligations under the Act primarily concern the Commissioner of Patents, who must ensure that a notification is published under the specified conditions. The Commissioner is required to check whether the 18-month period has elapsed since the priority date and whether the complete specification has not yet been made open to public inspection. If both conditions are met, the Commissioner must publish the notification in the Official Journal, unless the application has lapsed, been refused, or withdrawn.
Failure to comply with the requirements of this Act may lead to legal consequences. However, the Act itself does not specify any offences, penalties, or civil/criminal consequences for breach. The primary focus of the Act is to ensure timely publication of complete specifications, which is essential for transparency and providing public access to patent information. Any breaches of the provisions would likely be addressed under other relevant laws or through administrative actions rather than through specific penalties outlined in this Act.