Patents Amendment Act 1979
No. 9 of 1979
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 1979.
(2) The Patents Act 1952 is in this Act referred to as the Principal Act.
Commencement
2. (1) Section 1, this section and section 4 shall come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
Interpretation
3. Section 6 of the Principal Act is amended—
(a) by omitting the definition of “Australia” and substituting the following definition:
“‘Australia’ includes Norfolk Island;”;
(b) by inserting “standard” before “patent” in the definition of “examination”;
(c) by omitting “six” from the definition of “invention” and substituting “6”;
(d) by inserting “standard” before “patent” in the definition of “modified examination”;
(e) by omitting the definition of “patent” and substituting the following definition:
“‘patent’ means a standard patent or a petty patent;”;
(f) by inserting after the definition of “patentee” the following definition:
“‘petty patent’ means letters patent for an invention granted under section 62a;”; and
(g) by inserting after the definition of “prescribed court” the following definition:
“‘standard patent’ means letters patent for an invention granted under the repealed Acts or under this Act, but does not include a petty patent;”.
Patent Office and sub-offices
4. Section 12 of the Principal Act is amended by adding at the end thereof the following sub-sections:
“(2) There shall be a sub-office of the Patent Office in each State.
“(3) A document required or permitted by this Act to be lodged at the Patent Office may be lodged at a sub-office of the Patent Office and a reference in this Act to lodgment of a document at or in the Patent Office or to delivery of a document by post to the Patent Office shall be read as including a reference to lodgment of the document at or in a sub-office of the Patent Office or to delivery of the document by post to a sub-office of the Patent Office, as the case may be.”.
Form of application
5. Section 35 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:
“(1) An application for a patent—
(a) shall be in respect of a manner of new manufacture the subject of letters patent and grant of privilege within section 6 of the Statute of Monopolies;
(b) shall be for one invention only;
Overview
The Patents Amendment Act 1979 was enacted by the Parliament of Australia to amend the Patents Act 1952. The primary objective of this amendment was to introduce the concept of petty patents, which are designed to provide a more accessible and streamlined process for patenting minor inventions. This was aimed at addressing the gap in the patent system that did not cater effectively to smaller, less complex inventions, thus fostering innovation by lowering the barriers to entry for inventors with less significant technological advancements. By introducing petty patents, the Act sought to balance the protection of intellectual property rights with the encouragement of a broader range of inventive activities.
Scope and Application
The Patents Amendment Act 1979 is a Commonwealth Act that amends the Patents Act 1952 to introduce the concept of petty patents in addition to standard patents. The Act applies to all entities and individuals involved in the patent application, examination, and grant processes, including applicants, the Commissioner of Patents, and the courts. The Act extends to Norfolk Island as part of Australia and can be implemented through subordinate legislation. There are no stated exclusions or exemptions, but certain provisions do not apply to petty patents, such as those relating to standard patents alone. The Act provides for the introduction of petty patents, which are patents for minor inventions with a shorter term of 12 months, extendable up to a total of 72 months. The Act modifies various sections of the Patents Act 1952 to accommodate petty patents, including changes to definitions, application processes, examination, and patent terms. It also introduces provisions for the acceptance, examination, and sealing of petty patent applications, as well as the grounds for revocation and the process for extension of the term of a petty patent.
Key Provisions
- The Patents Amendment Act 1979 makes several amendments to the Patents Act 1952 (Principal Act). The main operative sections of the Amendment Act introduce new definitions and procedures for patent applications, specifications, and examinations, while also incorporating provisions for petty patents. For instance, section 3 redefines several key terms, including "Australia," "examination," "invention," "patent," and "petty patent." Section 4 establishes a sub-office of the Patent Office in each State and allows for the lodging of documents at these sub-offices. Section 5 outlines the requirements for patent applications, including the need to specify whether the application is for a standard or petty patent.
- The Amendment Act imposes various obligations on applicants, such as ensuring their applications comply with the prescribed form and requirements (section 5). It also mandates that applicants for standard patents request an examination within five years of lodging the complete specification (section 17). Additionally, the Commissioner must consider and accept applications for petty patents if they comply with the Act and do not present lawful grounds for objection (section 49a).
- Violations of the provisions in the Amendment Act can lead to significant consequences. For example, section 121 introduces criminal penalties for groundless threats of legal proceedings related to patent infringement, with offences carrying potential penalties as outlined in the Crimes Act 1914. Furthermore, section 131 allows for the prohibition of the publication of information relating to inventions under certain circumstances, and failure to comply with such orders can result in penalties. The Amendment Act also includes provisions for the revocation of patents under various grounds, such as fraud or non-compliance with patent conditions, and sets out specific procedures and penalties for such revocations (sections 100, 107).
- The Amendment Act provides a comprehensive framework for the administration and regulation of patents, including detailed provisions for the examination, approval, and revocation of both standard and petty patents. It also introduces new mechanisms for dealing with petty patents, including their sealing, publication, and term extensions. By amending the Principal Act in these ways, the Amendment Act aims to streamline the patent process and provide clearer guidelines for applicants, the Commissioner, and other stakeholders involved in the patent system.
- Area of Law
- Intellectual Property Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Licensing & Registration
- Enforcement Powers
- Prohibited Conduct
- Civil Penalty Provisions
- Transitional Provisions
