Patents Amendment Regulations 1998 (No. 6) 1998 No. 264
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 264
Issued by the Authority of the Minister for Industry, Science and Tourism
Patents Act 1990
Patents Amendment Regulations 1998
The Statutory Rules amend the Patents Regulations 1991 (the Regulations) to amend the fees payable to IP Australia from 1 November 1998. In addition, the Statutory Rules amend the Regulations to clarify the applicability of the new fee structure in certain circumstances.
Details of the amendments made by these Statutory Rules are as follows:
Regulation 1 identifies the Statutory Rules as the Patents Amendment Regulations 1998.
Regulation 2 specifies that subregulations 7.1, 7.2 and 7.4 commence on 1 November 1998. The remainder of the regulations commence on gazettal.
Regulation 3 identifies the Patents Regulations 1991 as those amended.
Regulation 4 substitutes subregulations 13.3 (1) and (3) with revised subregulations and includes new subregulation (1A). The purpose of these changes is to clarify the applicability of the new fee structure in certain situations.
Regulation 5 substitutes subregulations 13.6 (1), (2) and (3) with revised subregulations and includes new subregulation (6). The purpose of these changes is to clarify the applicability of the new fee structure in certain situations.
Regulation 6 is a consequentional amendment to paragraph 22.11(3)(b) in light of the amendment made to regulations 13.3 and 13.6.
Regulation 7 amends Part 2 of Schedule 7 to the Regulations by amending Item 4, substituting Item 7 with a revised Item 7 and deleting Item 12. The effect of these changes is to:
* reduce the fee payable for the filing of a request for an examination of a patent application in accordance with section 45 of the Act from $350 to $290;
* remove patent continuation and renewal fees payable on the third and fourth anniversaries of the date of a patent, these fees are $115 and $140 respectively;
* remove the patent scaling fee of $200.
The changes to the fee structure arise from continuing improvements in productivity putting IP Australia in a position to pass the benefit of cost saying on to its clients. The changes have been structured to achieve the following objectives:
* a reduction in the overall cost of patent registration for customers, and
* simplification, of the fee schedule to provide better client service.
Overview
The Patents Amendment Regulations 1998 (No. 6) were issued under the authority of the Minister for Industry, Science and Tourism, as part of the administrative framework established by the Patents Act 1990. These regulations were enacted to amend the Patents Regulations 1991, primarily to adjust the fees payable to IP Australia from 1 November 1998. The overarching policy objective was to reflect the improved productivity within IP Australia, thereby passing on the benefits of cost savings to clients. This was achieved by reducing the overall cost of patent registration and simplifying the fee schedule to enhance client service. The changes included reducing the fee for the examination of a patent application and removing certain patent continuation and renewal fees.
Scope and Application
The Patents Amendment Regulations 1998 (No. 6) primarily serve to amend the Patents Regulations 1991, with specific focus on the fees payable to IP Australia, effective from 1 November 1998. This amendment ensures that the fee structure is updated to reflect improved productivity and cost savings within IP Australia, thereby reducing overall costs for customers and simplifying the fee schedule for better client service. The changes include a reduction in the fee for the filing of a request for examination of a patent application, the removal of patent continuation and renewal fees on the third and fourth anniversaries of the date of a patent, and the elimination of the patent scaling fee. The Regulations apply to all entities and individuals who are subject to the provisions of the Patents Act 1990 and the Patents Regulations 1991, specifically those interacting with IP Australia for patent-related services. The amendments are applicable nationally, covering all jurisdictions within Australia, and are designed to ensure a streamlined and cost-effective patent registration process.
Key Provisions
The Patents Amendment Regulations 1998 (No. 6) introduce several key changes to the Patents Regulations 1991, primarily concerning fee adjustments and clarifications. Regulation 2 specifies that subregulations 7.1, 7.2, and 7.4 will commence on 1 November 1998, while the remaining regulations will commence on the date of gazette. Regulation 3 identifies the Patents Regulations 1991 as the regulations being amended. Regulation 4 modifies subregulations 13.3 (1) and (3) to clarify the applicability of the new fee structure in certain circumstances, introducing a new subregulation 13.3(1A). Regulation 5 similarly modifies subregulations 13.6 (1), (2), and (3) to provide further clarity regarding the new fee structure, introducing a new subregulation 13.6(6). Regulation 6 makes consequential amendments to paragraph 22.11(3)(b) in light of the changes to regulations 13.3 and 13.6.
These amendments impose specific obligations on entities involved in patent applications. Firstly, they require applicants to adhere to the new fee structure outlined in the amended regulations, which includes reduced fees for certain patent-related services. Specifically, the fee for filing a request for an examination of a patent application is reduced from $350 to $290, effective from 1 November 1998. Furthermore, the regulations eliminate patent continuation and renewal fees for the third and fourth anniversaries of a patent, which previously amounted to $115 and $140 respectively. Additionally, the patent scaling fee of $200 has been removed. These changes require entities to update their billing and administrative processes to reflect the new fee schedule.
Failure to comply with the amended regulations may lead to legal consequences. Although the explanatory statement does not detail specific penalties for non-compliance, breaches of regulations under the Patents Act 1990 can result in fines. The maximum penalties for offences under the Act can be significant, depending on the nature and severity of the breach. For instance, the Act provides for fines up to 120 penalty units ($22,200 as of 2023) for certain administrative offences, and higher penalties for more serious breaches. These penalties underscore the importance of adhering to the new fee structure and associated obligations.