Patents Regulations

STATUTORY RULES.

1961. No. 2.

REGULATIONS UNDER THE PATENTS ACT 1952-1960.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Patents Act 1952-1960.

Dated this second day of January, 1962.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(Sgd.) G. E. BARWICK

Attorney-General.

PATENTS REGULATIONS.

PART I.—PRELIMINARY.

Citation.

1. These Regulations may be cited as the Patents Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

 *Notified in the Commonwealth Gazette on , 1961.

7651/61.—PRICE 1S. 6D. 10/25.10.1961.

Repeal and saving.

3.—(1.) The Patents Regulations (comprising Statutory Rules 1954, Nos. 18 and 55; 1955, No. 70; 1957, No. 10; and 1961, No. 27) are repealed.

(2.) Notwithstanding the repeal of Statutory Rules 1961, No. 27, sub-regulation (5.) of regulation 20 of those Statutory Rules continues to have effect according to its tenor.

Interpretation.

4.—(1.) In these Regulations, unless the contrary intention appears—

“basic documents” means the documents referred to in sub-section (3.) of section 143 of the Act;

“patent attorney” means a person registered as a patent attorney under Part XV. of the Act;

“the Act” means the Patents Act 1952-1960.

(2.) In these Regulations, a reference to a form by number is a reference to the form so numbered in the First Schedule to these Regulations.

PART II.—FEES.

Fees.

5.—(1.) The fees specified in column 3 of the Second Schedule to these Regulations are, in respect of the respective matters in column 2 of that Schedule opposite to which they are so specified, the prescribed fees for the purposes of section 176 of the Act.

(2.) Payment of fees shall be made at the Patent Office by such means, and in such manner, as the Commissioner directs.

(3.) Where the Commissioner has, under section 42 of the Act, directed that a complete specification be treated as a provisional specification, the amount by which the fee payable on the lodging of a complete specification exceeds the fee payable on the lodging of a provisional specification shall not be refunded, but if a subsequent complete specification is lodged by the applicant, the amount of the excess shall be credited, in whole or in part, towards the payment of the fee payable on lodging that subsequent complete specification.

(4.) Where a patent is not sealed until after the expiration of a year of a patent in respect of which a renewal fee is specified in item 18 in the Second Schedule to these Regulations, the renewal fee specified in relation to that year is payable in addition to the fee payable on the sealing of the patent.

(5.) Item 31 in the Second Schedule to these Regulations does not apply to a correction necessitated solely by error in the Patent Office.

(6.) For the purpose of ascertaining the amount of any fee payable under item 6 or 7 in the Second Schedule to these Regulations, any period by which the time for the acceptance of an application and complete specification has been extended by or under sub-section (2.), (3.) or (4.) of section 54 of the Act shall not be taken into account.

(7.) For the purpose of ascertaining the amount of any fee payable under item 36 or 37 in the Second Schedule to these Regulations, the period that commences on the day on which a notice of opposition to the

grant of an application for an extension of time is lodged at the Patent Office and ends—

(a) twenty-one days after the day on which the Commissioner decides the application; or

(b) if an appeal is made to the Appeal Tribunal from the decision of the Commissioner—on the day on which the appeal is determined,

shall not be taken into account.

(8.) Item 19 in the Second Schedule to these Regulations does not apply to an application for extension of time for paying a renewal fee where—

(a) an acknowledgment of the payment of a renewal fee was sent to a patentee and the acknowledgment included a notification specifying the amount of the renewal fee that was payable before the expiration of the next succeeding year of the patent;

(b) after the acknowledgment was sent, the amount of the renewal fee specified in the notification was increased;

(c) an amount equal to the amount of the renewal fee specified in the notification was paid by the patentee on or before the expiration of that next succeeding year of the patent;

(d) the Commissioner is satisfied that the amount so paid was paid in reliance on the notification and without knowledge of the increase in the amount of the renewal fee; and

(e) an amount equal to the difference between the amount so paid and the amount of the renewal fee payable—

(i) is paid by the patentee before the expiration of one month after the expiration of that next succeeding year of the patent; or

(ii) is paid by the patentee after the expiration of one month, but before the expiration of six months, after the expiration of that next succeeding year of the patent and the Attorney-General directs that the fee for lodging the application for extension of time is not payable.

PART III.—PREPARATION AND LODGMENT OF DOCUMENTS.

Preparation of documents generally.

6.—(1.) Documents to be lodged at the Patent Office shall comply with the requirements specified in Part I. of the Third Schedule to these Regulations.

(2.) If a document which is not in accordance with the requirements so specified is received at the Patent Office, the Commissioner may return the document to the person from whom it was received with a statement indicating the requirements which have not been complied with.

(3.) Where a document which is received at the Patent Office is not in accordance with whichever of the forms specified in the First Schedule to these Regulations is applicable or does not comply with the requirements

specified in Part I. of the Third Schedule to these Regulations, the Commissioner may—

(a) treat the document as not having been lodged at the Patent Office; or

(b) treat the document as having been so lodged, but require the applicant to make such alterations as are necessary.

(4.) Where a carbon copy or a photographic copy is required to be lodged under these Regulations, the person who lodges the copy of the document shall, unless the Commissioner in a particular case otherwise directs, furnish the copy on paper of good quality and in black and distinct type.

Preparation of specifications.

7.—(1.) A specification including any drawings contained in a specification shall comply with the requirements specified in Part I., Part II. and Part III. of the Third Schedule to these Regulations in so far as they are applicable.

(2.) If a specification which is not in accordance with the requirements so specified is received at the Patent Office, the Commissioner may return the specification to the applicant with a statement indicating the requirements which have not been complied with.

(3.) Where a specification which is received at the Patent Office does not comply with the requirements specified in the Third Schedule to these Regulations, the Commissioner may—

(a) treat the specification as not having been lodged at the Patent Office; or

(b) treat the specification as having been so lodged, but require the applicant to make such alterations as are necessary.

Date of lodgment.

8. A document lodged at the Patent Office shall be marked with the date on which it is received in the Patent Office.

PART IV.—APPLICATIONS FOR PATENTS.

Form of application for patent.

9. An application for a patent, other than a Convention application, shall be in accordance with Form 1.

Form of application for patent of addition.

10.—(1.) An application for a patent of addition shall be in accordance with Form 2.

(2.) An application for the grant, under section 74 of the Act, of a patent of addition in lieu of an independent patent shall be in accordance with Form 3.

Form of Convention application.

11.—(1.) A Convention application shall be in accordance with Form 4 or Form 5, as the case requires.

(2.) A request under section 142AA of the Act—

(a) shall be in accordance with Form 6; and

(b) may be endorsed on the Convention application or lodged as a separate document.

(3.) Where an applicant has lodged a request under section 142AA of the Act, the applicant shall, before the acceptance of the application and the complete specification, lodge at the Patent Office a certificate by the

official chief or head of the Patent Office in the Convention country in which an earlier application referred to in the request was lodged that the earlier application was withdrawn, abandoned or refused without becoming open to public inspection.

Form of declaration supporting application.

12.—(1.) A declaration in support of an application for a patent, other than a Convention application, shall be in accordance with Form 7.

(2.) A declaration in support of a Convention application shall be in accordance with Form 8.

Form of specifications.

13.—(1.) A provisional specification shall be in accordance with Form 9.

(2.) A complete specification shall be in accordance with Form 10.

Copies of specifications.

14. Subject to the next succeeding regulation, an applicant shall lodge with a specification—

(a) a copy, certified by the applicant to be a true and correct copy, of the specification including any drawings contained in the specification; and

(b) in the case of a complete specification, an additional copy of the claim or claims.

Photographic copies of drawings.

15.—(1.) The Commissioner may, at the request of an applicant and on payment of the prescribed fee, make a photographic copy of the drawings contained in the original copy of the specification.

(2.) Where a request is so made—

(a) the applicant is not, unless the Commissioner otherwise directs, required to furnish a copy of the drawings; and

(b) the photographic copy shall be marked with the words “True Copy”.

Drawings not to be folded or creased.

16. Drawings included in a specification shall not be folded or creased.

Amendments under section 49.

17.—(1.) An amendment under section 49 of the Act shall be made by the applicant lodging a statement, setting out—

(a) the places at which alterations are to be made; and

(b) the nature of each alteration.

(2.) Each alteration shall be numbered consecutively and, if more than one statement is lodged, the numbers of the alterations in a subsequent statement shall be consecutive with the numbers in the previous statement.

(3.) Where an amendment is or includes an alteration of a drawing, the amendment shall be made by lodging with the statement a sketch of the part of the drawing which is to be altered showing the proposed alteration in red ink.

(4.) Whenever the Commissioner so requires, an amendment under section 49 of the Act shall be made by the applicant lodging a new sheet or sheets incorporating the alterations.

Extension of time for lodging basic documents.

18. An application for extension of time for lodging the basic documents shall be in accordance with Form 11.

Order of examination.

19.—(1.) Subject to this regulation, all applications and complete specifications shall, as far as practicable, be examined in the order in which the applications are lodged at the Patent Office.

(2.) The Commissioner may cause the examination of an application and complete specification to be expedited—

(a) if he is satisfied that it is in the public interest so to do; or

(b) if, after the publication of a notification that the complete specification is open to public inspection, the Commissioner is satisfied that a prima facie case of infringement exists in respect of the claim or claims contained in the specification.

(3.) An applicant who alleges that a prima facie case of infringement exists shall lodge at the Patent Office a statement in writing setting out fully the nature of the alleged infringement.

(4.) The statement so furnished shall be verified by a declaration made by or on behalf of the applicant and shall be accompanied by an opinion of a barrister, solicitor or patent attorney to the effect that there is a prima facie case of infringement.

PART V.—OPPOSITION TO GRANT.

Notice of opposition.

20. A notice of opposition to the grant of a patent shall be in accordance with Form 12.

Extension of time for lodging notice.

21. An application for an extension of time for lodging a notice of opposition to the grant of a patent shall be in accordance with Form 11.

PART VI.—POSTPONEMENT OF ACCEPTANCE.

Request for postponement of acceptance.

22. A request under sub-section (3.) of section 52 of the Act shall be in accordance with Form 13.

PART VII.—PATENTS AND PATENTEES.

Form of patent.

23.—(1.) A patent shall be in accordance with Form 14.

(2.) The Commissioner shall publish in the Official Journal a notification of the sealing of a patent.

Determinations under section 63.

24.—(1.) A request for a determination under sub-section (1.) or (2.) of section 63 of the Act shall be in accordance with Form 15.

(2.) The person making the request shall—

(a) serve a copy of the request on the person refusing to proceed with the application for the patent or the other parties to the dispute, as the case requires; and

(b) if an agreement in writing has been entered into, lodge the agreement and a certified copy of the agreement at the Patent Office.

(3.) Paragraph (b) of the last preceding sub-regulation does not apply if the agreement has already been filed in the Patent Office.

(4.) The Commissioner shall cause notice of the request to be published in the Official Journal.

(5.) A person interested in the application in respect of which a request has been made under this regulation who desires to be heard by the Commissioner shall give notice of the fact to the Commissioner within six weeks after the publication of the notice of the request.

Amendment under section 65(2.).

25.—(1.) An application under sub-section (2.) of section 65 of the Act shall be in accordance with Form 16.

(2.) The person making the application shall lodge with his application the patent and such documents as are necessary to support the application.

Extension of time under section 66(5.).

26. An application under sub-section (5.) of section 66 of the Act shall be in accordance with Form 11.

Extension of time under section 66(6.).

27.—(1.) An application under sub-section (6.) of section 66 of the Act shall be in accordance with Form 11.

(2.) An application under that sub-section shall be lodged at the Patent Office before the expiration of the period allowed by or under section 66 of the Act for the sealing of the patent.

(3.) An extension under sub-section (6.) of section 66 of the Act of the time for sealing of a patent shall not exceed six months.

Notification if patent not sealed.

28. Where a patent is not sealed within the time allowed by or under the Act, the Commissioner shall publish a notification of the fact in the Official Journal.

Renewal fees.

29.—(1.) Subject to the next succeeding sub-regulation, the renewal fee payable on the expiration of a year of a patent, whether granted under the repealed Acts or the Act, is the fee specified in item 18 of the Second Schedule to these Regulations as the fee payable on the expiration of that year of the patent.

(2.) Notwithstanding that there has been paid at any time before the first day of May, 1961, a renewal fee which was, under the repealed Acts, payable before the expiration of a year of a patent that expired or expires on or after that date, the renewal fee payable on the expiration of that year of the patent is the fee specified in item 18 of the Second Schedule to these Regulations.

(3.) A renewal fee shall be paid before the expiration of the year of the patent in respect of which that renewal fee is specified.

(4.) An application under sub-section (3.) of section 68 of the Act shall be in accordance with Form 11.

Appropriation of renewal fees paid under repealed Acts towards renewal fees payable under the Patents Act 1952-1960.

30.—(1.) In this regulation, unless the contrary intention appears—

“current renewal fee”, in relation to a patent, means a renewal fee that was or is payable under section 176 of the Act for the renewal of the patent before the expiration of a year of the patent ending on or after the prescribed date;

“former renewal fee”, in relation to a patent, means a renewal fee that was payable under the repealed Acts for the renewal of the patent before the expiration of a year of the patent ending on or after the prescribed date;

“patent” means letters patent for an invention granted under the repealed Acts;

“renewal date”, in relation to a patent, means a date, not earlier than the prescribed date, after which the patent ceases unless a renewal fee is paid for the renewal of the patent before the expiration of the year of the patent ending on that first-mentioned date;

“the prescribed date” means the first day of May, 1961.

(2.) Where—

(a) a patentee has, before the prescribed date, paid an amount in respect of former renewal fees for the renewal of the patent; and

(b) the patentee does not, before a renewal date, pay an amount equal to the difference between—

(i) the amount of the former renewal fee paid by him for the renewal of that patent, being a renewal fee that was payable before the expiration of the year of the patent ending on that renewal date; and

(ii) the amount of the current renewal fee that was payable by him for the renewal of that patent before the expiration of that year of the patent,

the Commissioner shall, unless the patentee, on or before that renewal date, requests the Commissioner in writing to repay to the patentee the amount paid by the patentee in respect of former renewal fees for the renewal of the patent, appropriate the whole or a part of that amount in or towards payment of the amount of that current renewal fee, and the amount so appropriated shall be deemed to have been paid in respect of that current renewal fee.

(3.) If the patentee so requests the Commissioner to repay to the patentee the amount paid by the patentee in respect of former renewal fees for the renewal of the patent, the Commissioner shall repay to the patentee so much of that amount as remains after deducting any part of the amount that has been appropriated under the last preceding sub-regulation in or towards payment of the amount of a current renewal fee for the renewal of the patent.

Sealing of duplicate patent.

31. An application for the sealing, under section 71 of the Act, of a duplicate patent shall be in accordance with Form 17.

Assignments, licences, &c.

32. An application for the registration of the title of a person becoming entitled by assignment, transmission or other operation of law to a patent, or to a share in a patent or becoming entitled to an interest in a patent by virtue of a mortgage, licence or other instrument, shall—

(a) in the case of an application under section 21 or 22 of the Act—be in accordance with Form 18;

(b) in the case of an application under section 23 of the Act—be in accordance with Form 19; and

(c) in the case of an application for registration of any other document affecting the proprietorship of a patent or licence under a patent—be in accordance with Form 18 or Form 19, as the case requires.

Applications under section 154.

33.—(1.) An application for directions under sub-section (1.) or (2.) of section 154 of the Act shall be in accordance with Form 20 or Form 21, as the case requires.

(2.) The applicant shall lodge with his application a statement of the facts on which the application is based.

(3.) A copy of the application and of the statement shall be served by the applicant on each other person registered as a patentee.

PART VIII.—AMENDMENT OF SPECIFICATIONS.

Request under section 77.

34.—(1.) A request under section 77 of the Act for leave to amend a complete specification shall be lodged in accordance with Form 22.

(2.) The person making the request shall furnish to the Commissioner a copy of the original specification, or a copy of each page of the original specification to be amended, on which the amendments that the person desires to make are shown—

(a) by drawing a line through the matter which it is desired to omit; and

(b) by underlining the matter which it is desired to add.

Amendment of request.

35. An amendment under section 80 of the Act of a request as a result of the Examiner’s adverse report shall be made by lodging at the Patent Office a copy of the documents amended as provided by sub-regulation (2.) of the last preceding regulation.

Opposition to the request.

36.—(1.) A notice of opposition under section 82 of the Act to a request for amendment shall be in accordance with Form 12.

(2.) An application for extension of time to lodge a notice of opposition under section 82 of the Act shall be in accordance with Form 11.

PART IX.—EXTENSION OF PATENTS.

Mode of advertisement.

37.—(1.) A patentee who intends to present a petition to the High Court under section 90 of the Act or to apply to the High Court or to the Commissioner under section 95 of the Act shall advertise his intention to do so in the Official Journal.

(2.) The advertisement shall include an address for service in Australia and shall state a time, being not less than one month and not more than three months after the advertisement is published in the Official Journal, within which the petition or application is to be lodged.

Application to Commissioner for extension.

38.—(1.) An application to the Commissioner under section 95 of the Act shall be in accordance with Form 23 and shall be lodged at the Patent Office.

(2.) The Commissioner shall cause a notification that the application has has been lodged to be published in the Official Journal.

(3.) Where the address for service specified by a person who makes an application to the Commissioner under section 95 of the Act is a different address from the address for service specified in the advertisement published by the person in the Official Journal, the Commissioner shall, in the notification published under the last preceding sub-regulation, include a statement that the address for service has been varied to the address specified in the application.

(4.) The person making the application shall lodge the declarations and other evidence on which he relies in support of his application at the Patent Office within three months after the date on which the application is made or within such further time as the Commissioner on application in accordance with Form 11 allows.

Notice of opposition.

39.—(1.) A notice of opposition to an application to the Commissioner under section 95 of the Act shall be in accordance with Form 12.

(2.) The notice shall be given within three months after the notification referred to in sub-regulation (2.) of the last preceding regulation is published in the Official Journal or within such further period, not exceeding one month, as the Commissioner, on an application in accordance with Form 11, allows.

(3.) A copy of the notice of opposition—

(a) shall be served on the applicant within fourteen days after the date upon which it is lodged at the Patent Office; and

(b) may be so served at the address for service specified in the advertisement or, if a different address for service is specified in the application, at the address for service specified in the application.

PART X.—RESTORATION OF PATENTS.

Application for restoration.

40. An application under section 97 of the Act for restoration of a patent which has ceased shall be in accordance with Form 24.

Opposition to restoration.

41.—(1.) A person interested may, within three months after the date of advertisement of the application or within such further time, not exceeding three months, as the Commissioner on application in accordance with Form 11 allows, give notice of opposition to the application.

(2.) A notice of opposition to an application for restoration shall be in accordance with Form 12.

Protection of persons who avail themselves of a ceased patent.

42.—(1.) A person who claims that, after a patent which has been restored under section 98 of the Act was notified in the Official Journal as having ceased and before the date of the first advertisement of the application for the restoration of the patent, he availed himself, or took definite steps by contract or otherwise to avail himself, of the subject matter of the patent, may apply to the Commissioner for the grant of a licence to make, use, exercise and vend the subject matter of the patent.

(2.) An application under the last preceding sub-regulation shall be in accordance with Form 25 and shall be lodged at the Patent Office.

(3.) A copy of the application shall be served on the patentee.

Opposition to claim.

43.—(1.) The patentee may, within twenty-one days after the day on which the copy of the application was served on him or within such further time as the Commissioner on application made in accordance with Form 11 allows, give notice of opposition to the application in accordance with Form 12.

(2.) The patentee shall serve a copy of the notice on the person who has made the application.

Determination of claim.

44. The Commissioner shall hear the application and, if satisfied that the application should be granted, the Commissioner may grant to the applicant a licence on such terms as the Commissioner thinks just, but, if not so satisfied, the Commissioner shall dismiss the application.

PART XI.—SURRENDER OF PATENTS.

Offer to surrender.

45.—(1). Notice of an offer to surrender a patent under section 106 of of the Act shall be in accordance with Form 26.

(2.) The Commissioner shall give notice of the offer by advertisement in the Official Journal.

(3.) A person who desires to be heard shall, within one month after the advertisement, lodge with the Commissioner a request to be heard.

PART XII.—WORKING OF PATENTS AND COMPULSORY LICENCES.

Petitions under section 108 or 109.

46.—(1.) A person who presents a petition to the Commissioner under section 108 or 109 of the Act shall lodge with the petition—

(a) a copy of the petition; and

(b) declarations verifying the facts stated in the petition.

(2.) The petitioner shall—

(a) serve a copy of the petition and the declarations verifying the facts stated in the petition on the patentee; and

(b) lodge with the Commissioner a statement setting out the date and place of the service of those documents on the patentee.

(3.) The patentee may, within three months after the service of those documents, furnish to the Commissioner and the petitioner declarations in answer to the petition.

(4.) The petitioner may, within three months after the date on which the declarations in answer are served on him, lodge declarations in reply to the first-mentioned declarations.

PART XIII.—EXTENSION OF TIMES UNDER SECTION 160.

Application for extension of time under section 160(2.).

47.—(1.) An application under sub-section (2.) of section 160 of the Act shall be in accordance with Form 11.

(2.) The person making the application shall furnish with the application a declaration setting out the grounds upon which the application is made.

Opposition to application.

48. Where the Commissioner, in pursuance of sub-section (4.) of section 160 of the Act, advertises in the Official Journal an application under subsection (2.) of that section, a person may, within one month after the date of the publication of the advertisement or within such further time not exceeding one month as the Commissioner, on an application in

accordance with Form 11 made within the period of one month after the date of the publication of the advertisement, allows, gives notice of opposition in accordance with Form 12 to the grant of the application.

Notification of decision in the Official Journal.

49. Where the Commissioner has, upon an application made under subsection (2.) of section 160 of the Act, granted an extension of time, he shall publish in the Official Journal a notification of his decision.

Protection or compensation of persons.

50.—(1.) This regulation applies in a case where an extension of time has been granted under sub-section (2.) of section 160 of the Act.

(2.) A person who availed himself, or took definite steps by way of contract or otherwise to avail himself, of the invention the subject of the application for the patent concerned by reason of the act or step in relation to which the extension was granted not having been done or taken within the time allowed may, within one month after the notification referred to in the last preceding regulation is published or within such further time as the Commissioner, on an application made in accordance with Form 11 within that period of one month, allows, apply in accordance with Form 27 to the Commissioner for the grant of a licence to make, use, exercise and vend the invention the subject of the application for the patent.

(3.) A copy of an application made under the last preceding sub-regulation shall be served by the applicant on the person to whom the extension of time was granted and on such other persons as the Commissioner directs.

Opposition to claim.

51.—(1.) A person on whom the copy of an application under sub-regulation (2.) of the last preceding regulation has been served may, within one month after the day on which the copy of the application was served on him or within such further time as the Commissioner, on an application made in accordance with Form 11 within that period of one month, allows, give notice of opposition to the application in accordance with Form 12.

(2.) A copy of the notice of opposition shall be served by the person giving it on the person who has made the application for the licence.

Determination of claim.

52. The Commissioner shall hear the application for the licence, and, if satisfied that the application should be granted, the Commissioner may grant to the applicant a licence on such terms as the Commissioner thinks just, but, if not so satisfied, the Commissioner shall dismiss the application.

PART XIV.—PRACTICE AND PROCEDURE.

Division 1.—Proceedings in Opposition Cases other than Cases under Section 95 of the Act.

Definitions.

53. In this Division—

“applicant” means a person who has made the request or application in respect of which a person has given a notice of opposition;

“opponent” means a person who has lodged a notice of opposition.

Application of Division.

54. This Division applies where a notice of opposition has been given under section 59, 82 or 97 of the Act or under regulation 43, 48, 51 or 77 of these Regulations.

Opponent’s evidence in support.

55. An opponent shall—

(a) serve on the applicant, within three months after the notice of opposition has been lodged at the Patent Office or within such further time as the Commissioner on application in accordance with Form 11 allows, a copy of each of the declarations on which he relies in support of his opposition; and

(b) as soon as practicable after the copies of the declarations have been so served, lodge the declarations at the Patent Office with a written statement indicating the place at which, and the date on which, the copies of the declarations were so served.

Applicant’s evidence in answer.

56. An applicant shall—

(a) serve on the opponent, within three months after the date on which the declarations of the opponent were served or within such further time as the Commissioner on application in accordance with Form 11 allows, a copy of each of the declarations on which he relies in answer to the opposition; and

(b) as soon as practicable after the copies of the declarations are so served, lodge the declarations at the Patent Office with a written statement indicating—

(i) the place at which, and the date on which, the copies of the declarations of the opponent were served on him; and

(ii) the place at which, and the date on which, the copies of his declarations were served on the opponent.

Opponent’s evidence in reply.

57. An opponent—

(a) may serve on the applicant, within three months after the date on which the copies of the declarations of the applicant were served on him or within such further time as the Commissioner on application in accordance with Form 11 allows, a copy of each of the declarations on which he relies in reply to the declarations of the applicant; and

(b) shall, as soon as practicable after the copies of the declarations are so served, lodge the declarations at the Patent Office with a written statement indicating the place at which, and the date on which, the copies of the declarations were so served.

Statement if declarations in reply not to be lodged.

58. Where an opponent does not intend to lodge declarations in reply to the applicant’s declarations within the time specified in the last preceding regulation or to make an application for an extension of time under that regulation, the opponent may lodge at the Patent Office a written notice to that effect and shall, if a notice is so lodged, serve a copy on the applicant.

Further evidence to be by leave or special leave.

59.—(1.) An opponent or applicant may not adduce further evidence except—

(a) by leave of the Commissioner, if the parties agree in writing to further evidence being adduced; or

(b) by special leave of the Commissioner granted on an application made for that purpose.

(2.) An application for special leave under paragraph (b) of the last preceding sub-regulation shall, unless it is made at the hearing, be in accordance with Form 28.

(3.) The person making the application shall lodge with the application a declaration setting out the grounds on which the application is made and the nature of the further evidence which it is desired to lodge.

(4.) The person making the application shall—

(a) serve a copy of the application and a copy of the declaration on the other party to the proceedings; and

(b) lodge at the Patent Office a written statement indicating the place at which, and the day on which, the copies of the application and the declaration were served on the other party.

(5.) The other party shall, if he intends to oppose the application, give, to the Commissioner and to the person making the application, notice of his intention to do so within fourteen days after the date on which the copies of the application and the declaration were served on him.

(6.) Where special leave to adduce further evidence is granted, the other party shall be entitled to lodge declarations in reply to the further evidence.

(7.) The Commissioner shall notify the parties of his decision on the application for special leave.

Procedure where special leave granted.

60.—(1.) Where the Commissioner grants special leave to a party to adduce further evidence, that party shall—

(a) serve on the other party, within one month after the date on which he receives notification that special leave has been granted, a copy of a declaration containing the further evidence; and

(b) as soon as practicable after the copy of the declaration is so served, lodge the declaration at the Patent Office with a written statement indicating the place at which, and the date on which, the copy of the declaration was so served.

(2.) If the other party desires to adduce evidence in reply to the further evidence, that party shall—

(a) serve, within one month after the date on which the copy of the declaration referred to in paragraph (a) of the last preceding sub-regulation was served on him, a copy of the declaration on which he proposes to rely in reply to the further evidence on the party who obtained special leave to appeal; and

(b) as soon as practicable after the copy of the declaration is so served, lodge the declaration at the Patent Office with a written statement indicating the place at which, and the date on which, a copy of the declaration was so served.

Request to fix time and place for hearing.

61.—(1.) Where—

(a) an applicant has not, within the time specified in paragraph (a) of regulation 56 of these Regulations, served copies of the declarations referred to in that paragraph on the opponent;

(b) an opponent has served on the applicant copies of the declarations referred to in paragraph (b) of regulation 57 of these Regulations; or

(c) an opponent has lodged the written notice referred to in regulation 58 of these Regulations,

the opponent may lodge at the Patent Office an application in accordance with Form 29 for the time and place for the hearing of the opposition of which he has given notice to be fixed.

(2.) Where—

(a) an opponent has not within the time referred to in paragraph (a) of regulation 55 of these Regulations, served on the applicant copies of the document referred to in that paragraph;

(b) an opponent has not, within the time referred to in paragraph (a) of regulation 57 of these Regulations, served on the applicant copies of the declarations referred to in that paragraph; or

(c) an opponent has not, within one month after service of—

(i) the copies of the declarations referred to in paragraph (b) of regulation 57; or

(ii) the copy of the written notice referred to in regulation 58,

lodged an application under the last preceding sub-regulation,

the applicant may lodge at the Patent Office an application in accordance with Form 29 for the time and place for the hearing of the opposition of which notice has been given to be fixed.

(3.) Upon receipt of an application under either of the last two preceding sub-regulations, the Commissioner shall fix a time and place for the hearing of the opposition and shall notify the applicant and opponent accordingly.

Hearing.

62.—(1.) The Commissioner shall hear the applicant and the opponent, if they desire to be heard, at the time and place so fixed.

(2.) The Commissioner may, if he thinks fit, adjourn the hearing from time to time and from place to place.

Notification of Commissioner’s decision.

63. The Commissioner shall forward a copy of his decision to each of the parties to the opposition.

Costs.

64.—(1.) Where, in proceedings in relation to which this Division applies, the Commissioner awards costs against a party to the proceedings, the costs shall be taxed, allowed and certified to by an officer of the Patent Office appointed by the Commissioner for that purpose.

(2.) A taxation of costs is subject to review by the Commissioner.

Division 2.—Proceedings in Opposition Cases under Section 95 of the Act.

Definitions.

65. In this Division—

“applicant” means a person who has made an application to the Commissioner under section 95 of the Act;

“opponent”, in relation to an application under section 95 of the Act, means a person who has lodged a notice of opposition to that application.

Applicant’s evidence in support.

66. An applicant shall—

(a) serve on the opponent, within fourteen days after the notice of opposition has been served on him or within fourteen days after the declarations and other evidence in support of his application are lodged at the Patent Office, whichever is the later, or within such further time as the Commissioner on application in accordance with Form 11 allows, a copy of each of the declarations and other evidence which he has lodged in support of his application; and

(b) as soon as practicable after the copies of the declarations and the other evidence have been so served, lodge at the Patent Office a written statement indicating the place at which, and the date on which, the copies of the declarations and other evidence were so served.

Opponent’s evidence in answer.

67. An opponent shall—

(a) serve on the applicant, within three months after the date on which the declarations of the applicant were served or within such further time as the Commissioner on application in accordance with Form 11 allows, a copy of each of the declarations on which he relies in support of the opposition and in answer to the application; and

(b) as soon as practicable after the copies of the declarations are so served, lodge the declarations at the Patent Office with a written statement indicating—

(i) the place at which, and the date on which, the copies of the declarations of the applicant were served on him; and

(ii) the place at which, and the date on which, the copies of his declarations were served on the applicant.

Applicant’s evidence in reply.

68. An applicant—

(a) may serve on the opponent, within three months after the date on which the copies of the declarations of the opponent were served on him or within such further time as the Commissioner on application in accordance with Form 11 allows, a copy of each of the declarations on which he relies in reply to the declarations of the opponents; and

(b) shall, as soon as practicable after the copies of the declarations are so served, lodge the declarations at the Patent Office with a written statement indicating the place at which, and the date on which, the copies of the declarations were so served.

Statement if declarations in reply not to be lodged.

69. Where an applicant does not intend to lodge declarations in reply to the opponent’s declarations within the time specified in the last preceding regulation or to make an application for an extension of time under that regulation, the applicant may lodge at the Patent Office a written notice to that effect and shall, if a notice is so lodged, serve a copy on the opponent.

Request to fix time and place for hearing.

70.—(1.) Where—

(a) an opponent has not, within the time specified in paragraph (a) of regulation 67 of these Regulations, served copies of the declarations referred to in that paragraph on the applicant;

(b) an applicant has served on the opponent copies of the declarations referred to in paragraph (b) of regulation 68 of these Regulations; or

(c) an applicant has lodged the written notice referred to in regulation 69 of these Regulations,

the applicant may lodge at the Patent Office an application in accordance with Form 29 for the time and place for the hearing of the opposition of which notice has been given to be fixed.

(2.) Where—

(a) an applicant has not, within the time referred to in paragraph (a) of regulation 66 of these Regulations, served on the opponent copies of the declarations referred to in that paragraph;

(b) an applicant has not, within the time referred to in paragraph (a) of regulation 68 of these Regulations, served on the opponent copies of the declarations referred to in that paragraph; or

(c) an applicant has not, within one month after service of—

(i) the copies of the declarations referred to in paragraph (b) of regulation 68 of these Regulations; or

(ii) the copy of the written notice referred to in regulation 69 of these Regulations,

lodged an application under the last preceding sub-regulation, the opponent may lodge at the Patent Office an application in accordance with Form 29 for the time and place for the hearing of the opposition of which notice has been given to be fixed.

Application of general provisions of Division 1 of this Part.

71. The provisions of regulations 59, 60, 62, 63 and 64 of these Regulations apply to, and in relation to, proceedings in opposition cases under section 95 of the Act.

Division 3.—Proceedings other than Opposition Proceedings.

Procedure.

72. Where the Act or these Regulations authorize the Commissioner to hear and decide an application or matter not being an opposition, the practice and procedure to be followed for the purposes of enabling the application or matter to be decided shall be the practice and procedure which the Commissioner, on an application made to him for that purpose, directs to be followed.

Division 4.—Evidence.

Evidence.

73. Notwithstanding anything contained in Division 1 of this Part, the Commissioner may require a person who has made a declaration to attend before him to give evidence orally on oath in lieu of, or in addition to, the evidence contained in the declaration and may allow the person to be cross-examined on his declaration.

Copies of documents.

74.—(1.) Copies of documents (other than specifications available in the Patent Office or in the library of the Patent Office) referred to in proceedings or evidence before the Commissioner shall be lodged in duplicate for the Commissioner’s use.

(2.) Where a document is in a foreign language, a translation of the document verified in such manner as the Commissioner directs shall be furnished for the Commissioner’s use.

Declarations and affidavits.

75.—(1.) A declaration required by the Act or these Regulations to be lodged at the Patent Office or furnished to the Commissioner shall—

(a) be entitled in the matter in respect of which the declaration is made;

(b) be drawn in the first person;

(c) state the description and true place of business or abode of the declarant;

(d) be divided into paragraphs, each of which shall be numbered consecutively and shall, as far as practicable, be confined to one subject; and

(e) have endorsed on it the name and address of the person who lodges it and the name of the person on whose behalf it is lodged.

(2.) A declaration, other than a declaration in accordance with Form 7 or 8, may be made—

(a) in Australia—before a Notary Public, a Justice of the Peace, a Commissioner for Affidavits, a Commissioner for Declarations or a person authorized to administer oaths or to take declarations under the law of the State or Territory of the Commonwealth where the declaration is made;

(b) in a part of Her Majesty’s dominions other than Australia—before a Judge, a Magistrate, a Justice of the Peace, a Notary Public, a Commissioner for Oaths, a Commissioner for Affidavits, an Australian Consular Officer or a person authorized by the law of that part to administer oaths or take declarations; and

(c) in any other place—before a Judge of a court the jurisdiction of which is unlimited, one of Her Majesty’s Consuls or Vice-Consuls, a Notary Public, or an Australian Consular Officer.

(3.) The title of the person before whom the declaration is made and the date when and the place where it was taken or made shall be stated on the declaration.

(4.) The Commissioner may take notice of the signature to a declaration and of the signature of the person before whom it is made without proof of the signatures or of the fact that the person before whom the declaration is made holds the office stated on the declaration.

(5.) In this regulation, “Australian Consular Officer” means a person appointed to hold or act in any of the following offices (being an office of the Commonwealth) in a country or place outside Australia:—

(a) ambassador;

(b) high commissioner;

(c) minister;

(d) head of mission;

(e) commissioner;

(f) charge d’affaires;

(g) counsellor or secretary at an embassy, high commissioner’s office, legation or other post;

(h) consul general;

(i) consul;

(j) vice-consul;

(k) trade commissioner; and

(l) consular agent.

PART XV.—MISCELLANEOUS.

Amendments of documents on request.

76.—(1.) The Commissioner may, on a request being made in accordance with Form 30, amend a patent for the purposes of correcting a clerical error or an obvious mistake.

(2.) The Commissioner may, on a request being made in accordance with Form 31, amend an entry in the Register for the purpose of—

(a) correcting a clerical error or an obvious mistake; or

(b) where a name, or an address, entered in the Register has been changed—changing the name or the address so entered.

(3.) The Commissioner may, on a request being made in accordance with Form 32, amend, for the purpose of correcting a clerical error or an obvious mistake or otherwise, an application, a provisional specification or any other document or instrument (not being a complete specification) lodged at the Patent Office.

(4.) A request for an amendment under the last preceding sub-regulation shall be accompanied—

(a) in the case of a request for an amendment of an application for a patent—by an amended copy of the application made as required by the Act and these Regulations; or

(b) in any other case—by a certified copy of the document or part of a document previously lodged on which the amendments that the person making the request desires to make are shown—

(i) by drawing a line through the matter which it is desired to omit; and

(ii) by underlining the matter which it is desired to add.

(5.) Where—

(a) a request for an amendment has been made under this regulation; and

(b) the Commissioner considers that the amendment, if made, will not materially affect the meaning or scope of the document or instrument,

the Commissioner may make the amendment forthwith.

(6.) Where—

(a) a request for an amendment has been made under this regulation; and

(b) the Commissioner considers that the proposed amendment may, if made, materially alter the meaning or scope of the document or instrument,

the Commissioner—

(c) shall not make the amendment until the documents in relation to which the request is made are open for public inspection; and

(d) shall, when the documents in relation to which the request is made are open for public inspection, cause notice of the nature of the proposed amendment to be published in the Official Journal.

Opposition to amendment.

77.—(1.) Where the nature of the proposed amendment has been published in accordance with sub-regulation (6.) of the last preceding regulation, a person interested may, within three months after the advertisement or such further period not exceeding three months as the Commissioner on application in accordance with Form 11 allows, give notice of opposition to the request in accordance with Form 12.

(2.) The person giving the notice of opposition shall serve a copy of the notice on the person who has made the request for the amendment.

Determination of request for amendment.

78.—(1.) The Commissioner shall, after hearing the person who has made the request, if desirous of being heard, and, where a notice of opposition has been given, the person who has given notice of opposition, if desirous of being heard, determine whether the amendment ought to be made.

(2.) An appeal lies to the Appeal Tribunal from a decision of the Commissioner under the last preceding sub-regulation.

Amendment of a patent or entry in the Register by the Commissioner.

79.—(1.) The Commissioner may, on his own motion—

(a) amend a patent or an entry in the Register for the purpose of correcting a clerical error or an obvious mistake; or

(b) amend an entry in the Register where a correction is necessary by reason of an increase in renewal fees.

(2.) The Commissioner may, if he proposes to amend a patent or an entry in the Register under the last preceding sub-regulation, give notice to any person appearing on the Register to have an interest in the patent of his intention so to do.

(3.) Where a person to whom notice is given under the last preceding sub-regulation wishes to be heard, the Commissioner shall give the person an opportunity to be heard before the amendment is made.

Hours of business.

80. The Patent Office shall be open to the public from ten o’clock in the morning to four o’clock in the afternoon on each day of the week other than—

(a) a Saturday or a Sunday; or

(b) a day observed in the Australian Capital Territory as a holiday under section 76 of the Public Service Act 1922-1960.

Notice of exhibition of invention.

81.—(1.) A notice of intention under sub-section (2.) of section 158 of the Act shall be in accordance with Form 33.

(2.) The person giving the notice shall furnish with the notice a brief description, sketch, drawing or model of the invention and such other information as the Commissioner may require.

(3.) The notice, sketch, drawing, model or other information shall not be published or open to public inspection.

Time within which applications for extensions of time are to be lodged.

82. An application for an extension of time under these Regulations shall be lodged at the Patent Office—

(a) before the expiration of the time sought to be extended; or

(b) if the Commissioner is satisfied that special circumstances existed which prevented the application being made before that time, within such time as the Commissioner allows.

Directions not otherwise prescribed.

83. Where, in the opinion of the Commissioner, it is necessary, for the proper prosecution or completion of any proceedings, for a person to perform an act, lodge a document, or produce evidence, which is not provided for by the Act or these Regulations, the Commissioner may require the person to perform the act, lodge the document, or produce the evidence, specified in the notice.

Where requirements cannot be complied with for reasonable cause.

84. Where, under these Regulations, a person is required to do an act or thing, to sign a document, to make a declaration, to produce to or leave with the Commissioner or at the Patent Office any document or evidence and the Commissioner is satisfied that that person is, for reasonable cause, unable to comply with the requirement, the Commissioner may, subject to such terms as the Commissioner directs, dispense with the requirement.

Exercise of discretionary power by Commissioner.

85.—(1.) The Commissioner shall, before exercising a discretionary power given to him by the Act or these Regulations adversely to any person, give that person at least ten days’ notice of the time and place at which that person may be heard.

(2.) Within ten days after the date when the notice would be delivered in the ordinary course of post or such longer time as the Commissioner appoints in the notice, the person notified shall inform the Commissioner whether he desires to be heard in the matter.

(3.) The Commissioner shall, after hearing the person, notify him of the decision.

Certification of copies.

86. Where a person is required by these Regulations to lodge a copy of a document, the person shall certify as to the truth and correctness of the document so lodged in such manner as the Commissioner directs.

Request for information under section 30.

87. A person who desires to be furnished with information as to a matter referred to in section 30 of the Act may lodge at the Patent Office a request in accordance with Form 34.

Address for service.

88.—(1.) Where, in a form in the First Schedule to these Regulations, provision is made for a statement of an address for service, the person completing the form shall state an address in Australia at which documents under the Act or these Regulations may be served on him personally or on a person specified in the form on his behalf.

(2.) A person may, by notice in writing lodged at the Patent Office, change his address for service to an address specified in the notice.

(3.) Where proceedings in relation to which Division 1 of Part XIV. of these Regulations applies are pending, a person who has given notice under the last preceding sub-regulation shall serve a copy of the notice on all persons interested in the proceedings.

(4.) Service of a document under the Act or these Regulations may be effected on a person by delivering the document to, or serving the document by post to, the address for service notified by that person.

Notification of service.

89. Where a person is required by the Act or these Regulations to serve on another person a copy of a notice, the first-mentioned person shall, as soon as practicable after service of the notice has been effected, notify the service of the copy of the notice by lodging at the Patent Office a notification in accordance with Form 35 together with a copy of the notice so served.

Compliance with forms.

90. Strict compliance with the forms in the First Schedule to these Regulations is not required and substantial compliance is sufficient.

Destruction of documents.

91.—(1.) The Commissioner may order the destruction of documents relating to applications for patents lodged in the Patent Office not less than twenty-five years before the date of the order.

(2.) The last preceding sub-regulation does not authorize the destruction of—

(a) the Register of Patents;

(b) documents relating to patents in force; or

(c) documents considered by the Commissioner, or by any Commonwealth authority concerned with the preservation of archives, to be of legal or historical interest.

THE SCHEDULES.

FIRST SCHEDULE.

Regulation 4 (2.).

FORM 1.

Regulation 9.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION FOR A PATENT.

I, , of , hereby apply for the grant of a Patent for an invention entitled

which is described in the accompanying provisional/complete specification.

My address for service is .

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 2.

Regulation 10 (1.).

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION FOR A PATENT OF ADDITION.

I, , hereby apply for the grant of a Patent of Addition for an invention entitled              which is described in the accompanying provisional/complete specification.

I request that the patent may be granted as a patent of addition to the Patent applied for on application No.             

Patent No. in the name of .

I request that the term of the Patent of Addition be the same as that of the patent for the main invention or so much of the term of the patent for the main invention as is unexpired.

My address for service is

Dated this day of , 19 .

(Signature.)

(To be completed where application is made by a person other than the applicant for the patent for the main invention or the patentee under the patent for the main invention.)

I,  , the applicant for the Patent/patentee of Patent No.  hereby consent to this application.

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FIRST SCHEDULE—continued.

FORM 3.

Regulation 10 (2.)

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION FOR THE GRANT OF A PATENT OF ADDITION IN LIEU OF AN INDEPENDENT PATENT.

I, , hereby request that Patent No. of which I am the patentee be revoked and that in lieu thereof a patent of addition to Patent No.              of which I am also the patentee be granted to me.

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 4.

Regulation 10.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

CONVENTION APPLICATION FOR A PATENT.

I, , of , hereby apply for the grant Patent for an invention entitled               which is described in the accompanying complete specification. This application is a Convention application and is based on the application numbered              for a patent or similar protection made in              on

My address for service is

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 5.

Regulation 11 (1.).

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

CONVENTION APPLICATION FOR A PATENT OF ADDITION.

I, , hereby apply for the grant of a Patent of Addition for an invention entitled              which is described in the accompanying complete specification.

I request that a patent may be granted as a patent of addition to Patent No. in the name of  /the Patent applied for on application No.              in the name of              .

I request that the term of the Patent of Addition be the same as that of the patent for the main invention or so much of the term of the patent for the main invention as is unexpired.

FIRST SCHEDULE—continued.

FORM 5—continued.

This application is a Convention application and is based on the application numbered for a patent or similar protection made in              on              .

My address for service is

Dated this day of , 19

(Signature.)

(To be completed where application is made by a person other than the applicant for the patent for the main invention or the patentee under the patent for the main invention.)

I,  , the applicant on application No. /patentee of Patent No. hereby consent to this application.

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 6.

Regulation 11 (2.).

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

REQUEST UNDER SECTION 142AA.

In pursuance of section 142AA of the Patents Act 1952-19 , I hereby request you to disregard, for the purposes of sections 141 and 142 of that Act, an earlier application made for a patent or similar protection in respect of the invention the subject of the Convention application lodged on              , and, in support of my request, state—

(Here insert statements that show that section 142AA is applicable.)

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 7.

COMMONWEALTH OF AUSTRALIA.

DECLARATION IN SUPPORT OF AN APPLICATION FOR A PATENT OR PATENT OF ADDITION.

In support of the Application made by for a patent/patent of addition for an invention entitled

I, , of , do solemnly and sincerely declare as follows:—

1. I am the applicant for the patent/patent of addition.

(or, in the case of an application by a body corporate)

1. I am authorized by , the applicant for the patent/patent of addition to make this declaration on its behalf.

2. I am the actual inventor of the invention.

(or, where a person other than the inventor is the applicant)

2. A.B., of , is the actual inventor of the invention and the facts upon which I am entitled/the               is entitled to make the application are as follows:—

Declared at this day of , 19 .

(Signature of the declarant)

To:

The Commissioner of Patents.

FIRST SCHEDULE—continued.

FORM 8.

Regulation 12 (2.)

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

DECLARATION IN SUPPORT OF A CONVENTION APPLICATION FOR A PATENT OR PATENT OF ADDITION.

In support of the Convention application made for a patent/patent of addition for an invention entitled

I, , of , do solemnly and sincerely declare as follows:—

1. I am the applicant for the patent/patent of addition.

(or, in the case of an application by a body corporate)

1. I am authorized by , the applicant for the patent/patent of addition to make this declaration on its behalf.

2. The basic application as defined by section 141 of the Act was made in  on the              day of              , 19              , by

3. I am the actual inventor of the invention referred to in the basic application.

(or, where a person other than the inventor is the applicant)

3. A.B., of , is the actual inventor of the invention and the facts upon which I am entitled/the              is entitled to make the application are as follows:—

4. The basic application referred to in paragraph 2 of this Declaration was the first application made in a Convention country in respect of the invention the subject of the application.

(or, where a request is made under section 142AA of the Patents Act 1952-19 , for an earlier application made in a Convention country to be disregarded)

4.—(1.) The basic application referred to in paragraph 2 of this Declaration was not the first application made in a Convention country in respect of the invention the subject of the application.

(2.) An earlier application in respect of the invention the subject of the application was made in on              .

(3.) A request has been made to you under section 142AA of the Patents Act 1952-19  to disregard that earlier application.

(Here set out in succeeding sub-paragraphs the facts that show that section 142AA is applicable.)

( .) Except as stated in this paragraph, the basic application referred to in paragraph 2 of this Declaration was the first application made in a Convention country in respect of the invention the subject of the application.

Declared  this day of , 19 .

(Signature of the declarant)

To:

The Commissioner of Patents.

FORM 9.

Regulation 13 (1.).

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

PROVISIONAL SPECIFICATION FOR THE INVENTION ENTITLED

This invention is described in the following statement:—

Dated this day of , 19 .

(Name of Applicant.)

FIRST SCHEDULE—continued.

FORM 10.

Regulation 13 (2.).

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19

COMPLETE SPECIFICATION FOR THE INVENTION ENTITLED

The following statement is a full description of this invention, including the best method of performing it known to me:—

The claims defining the invention are as follows:—

Dated this day of , 19 .

(Name of Applicant.)

FORM 11.

Regulations 18, 21, 26, 27, 29, 36, 38, 39, 41, 43, 47, 48, 50, 51, 55, 56, 57, 66, 67, 68 and 77.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION FOR EXTENSION OF TIME.

I,   , hereby apply, under the provisions of section  of the Patents Act 1952-19              /regulation               of the Patents Regulations, for an extension of time within which                                                        in respect of Application/Patent No.              .

The circumstances in which, and grounds upon which, this application is made are as follows:—

My address for service is

(Signature.)

To:

The Commissioner of Patents.

FORM 12.

Regulations 20, 36, 39, 41, 43, 48, 51 and 77.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

NOTICE OF OPPOSITION.

I,   , hereby give notice of opposition under the provisions of section of the Patents Act 1952-19              /regulation               of the Patents Regulations to the               in respect of Application/Patent No.

The grounds of my opposition are as follows:—

My interest in this matter is based on the following facts:—

A copy of this notice was served on the applicant/patentee on

My address for service is

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FIRST SCHEDULE—continued.

FORM 13.

Regulation 22.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

REQUEST FOR POSTPONEMENT OF ACCEPTANCE.

I, , of , the applicant for the patent applied for on Application No.              , hereby request that the acceptance of that application and the complete specification relating to that application be postponed until              , being a date before the time for acceptance as provided by section 54 of the Patents Act 1952-19

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 14.

Regulation 23.

COMMONWEALTH OF AUSTRALIA.

LETTERS PATENT.

(Australian Coat of Arms.)

(Here insert Royal Style and Titles.)

To all to whom these presents shall come

Greeting:

We do, by these Letters Patent, give and grant to the person whose name is specified hereunder Our Special Licence and the exclusive right, subject to the laws in force from time to time in Australia or a part of Australia, by himself, his agents and licensees, at all times during the term of these Letters Patent, to make, use, exercise and vend throughout Australia the invention the title of which is specified hereunder and being the invention that is fully defined in the claim or claims of the complete specification accepted in accordance with the Patents Act 1952-19              in such manner as he thinks fit, so that he shall have and enjoy the whole profit and advantage accruing by reason of the invention during that term.

Name of Patentee :

Address of Patentee :

Name of Actual Inventor :

Title of Invention :

Number of Complete Specification :

Term of Letters Patent :  Sixteen years commencing on

 , 19 .

(And in the case of Letters Patent granted on a Convention application.)

These Letters Patent have been granted on a Convention application. Particulars of the basic application on which the Convention application was based are as follows:—

Name of Convention Country in

which basic application was filed :

Date of filing of basic application :

Application number of basic application :

In Witness whereof Our Commissioner of Patents has caused these Our Letters Patent to be dated as of the              day of              , One thousand nine hundred and              , and to be sealed with the seal of the Patent Office this              day of              , One thousand nine hundred and

(L.S.) Commissioner of Patents.

FIRST SCHEDULE—continued.

FORM 15.

Regulation 24.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

REQUEST FOR A DETERMINATION OF THE COMMISSIONER UNDER SECTION 63.

I, , being of Application No. 

hereby request the Commissioner of Patents to determine the person who may proceed with that application/the manner of proceeding with that application.

The facts on which I rely are as follows:—

The address for service is

A copy of this request was, on the day of 19 , served on

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 16.

Regulation 25.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION UNDER SECTION 65(2.) FOR AMENDMENT OF LETTERS PATENT.

I, , hereby request that the accompanying Letters Patent No.  granted to              be amended by substituting, for the name of the patentee, the name of              of              , being the person to whom the patent should have been granted.

The grounds on which this application is made are as follows:—

I furnish herewith the following documents:—

My address for service is

Dated this day of 19

(Signature.)

To:

The Commissioner of Patents.

FORM 17.

Regulation 31.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION FOR DUPLICATE OF LETTERS PATENT.

I, , hereby apply under section 71 of the Act for a duplicate of Patent, dated              , No.              granted to                             an invention entitled to be sealed.

The grounds on which this application is made are as follows:—

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FIRST SCHEDULE—continued.

FORM 18.

Regulation 32.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION UNDER SECTION 21 OR 22 OF THE ACT FOR REGISTRATION OF TITLE TO PATENT.

I, , of , hereby make an application for my name to be entered in the Register of Patents as proprietor/co-proprietor of Patent No.              at present registered in the name of             

The grounds upon which this application is made are as follows:—

I furnish with this application the following documents:—

My address for service is 

Dated this  day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 19.

Regulation 32.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION UNDER SECTION 23 OF THE ACT FOR REGISTRATION OF AN INTEREST IN A PATENT.

I, , of , hereby make application for notice of the interest claimed by me hereunder to be entered in the Register of Patents in respect

 of Patent No. at present registered in the name of

My claim is based on the following grounds:—

I furnish with this application the following documents:—

My address for service is

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 20.

Regulation 33.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION FOR DIRECTIONS UNDER SECTION 154(1.).

I, , of hereby apply for the following directions in respect of Patent No.              :—

The facts of the case are set out in the accompanying statement.

A copy of this application and a copy of the accompanying statement were served on of              on              .

My address for service is  .

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FIRST SCHEDULE—continued.

FORM 21.

Regulation 33.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION FOR DIRECTIONS UNDER SECTION 154(2.).

I, , of , hereby apply for directions in respect of the failure of              to comply with the directions of the Commissioner given under sub-section (1.) of section 154 of the Patents Act 1952 on the              day of              , 19              , in the following matter:—

The facts of the case are set out in the accompanying statement.

A copy of this application and a copy of the accompanying statement were served

on of on .

My address for service is

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 22.

Regulation 34.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

REQUEST TO AMEND A COMPLETE SPECIFICATION.

I, , of , seek leave to amend the complete specification lodged in connexion with Application/Patent No.              as shown in the               furnished herewith.

The nature of, and reasons for, the proposed amendments are as follows:—

(To be completed where the request is made by the patentee.)

I declare that no action for infringement or proceeding for revocation or proceeding in which the validity of the patent or of a claim of the complete specification is disputed is pending.

Dated this day of , 19 .

(Signature.)

(To be completed in cases to which sub-section (3.) of section 77 of the Act applies.)

I, , of  , being entered on the Register as exclusive licensee/mortgagee of Patent No.              hereby consent to this amendment.

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FIRST SCHEDULE—continued.

FORM 23.

Regulation 38.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION TO COMMISSIONER UNDER SECTION 95 FOR EXTENSION OF TERM OF PATENT.

I, , of , hereby apply for an extension of the term of Patent No.              for a term of             

Notice of my intention to make this application was advertised in the issue of the Official Journal published on

My address for service is the address for service specified in the advertisement as follows:—

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 24.

Regulation 40.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION UNDER SECTION 97 FOR THE RESTORATION OF A PATENT.

I, , of , hereby make application for the restoration of Patent No.              .

The circumstances which led to my failure to pay the prescribed renewal fee of £ on or before              are as follows:—

My address for service is

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 25.

Regulation 42(2.).

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION FOR LICENCE IN RESPECT OF A RESTORED PATENT.

I, , of , hereby apply for the grant, under regulation 42 of the Patents Regulations, of a licence to make, use, exercise and vend the subject-matter of Patent No.              .

The patent was, on the day of , 19 , notified in the Official Journal as having ceased.

The first advertisement for the restoration of the Patent was published on

 the day of , 19 .

The grounds upon which this application is made are as follows:—

My address for service is

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FIRST SCHEDULE—continued.

FORM 26.

Regulation 45.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

OFFER TO SURRENDER A PATENT.

I, , of , hereby offer to surrender

Patent No. .

I declare that no action for infringement, proceeding for revocation or proceeding in which the validity of the patent or of a claim in the complete specification is disputed, is pending.

or

An action for infringement, a proceeding for revocation or proceeding in which the validity of the patent or of a claim in the complete specification is pending and particulars of the action or proceeding are as follows:—

My reasons for making this offer are as follows:—

My address for service is

Dated this day of , 19

(Signature.)

To:

The Commissioner of Patents.

FORM 27.

Regulation 50(2.).

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION FOR LICENCE UNDER REGULATION 50.

I, , of , hereby apply for the grant, under regulation 50 of the Patents Regulations, of a licence to make, use, exercise and vend the invention the subject of Application No.              .

The grounds upon which this application is made are as follows:—

My address for service is

Dated this day of , 19

(Signature.)

To:

The Commissioner of Patents.

FORM 28.

Regulation 59.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19

APPLICATION FOR SPECIAL LEAVE TO LODGE FURTHER EVIDENCE IN OPPOSITION PROCEEDINGS.

I, , hereby apply for special leave of the Commissioner to lodge further evidence in the opposition proceedings in respect of Application Patent No.              .

The nature of the further evidence and the grounds for making this application are set forth in the accompanying declaration.

A copy of this application and of the accompanying declaration was served on  on

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FIRST SCHEDULE—continued.

FORM 29.

Regulations 61, 70.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

APPLICATION FOR TIME AND PLACE FOR HEARING OF OPPOSITION.

I, , of , hereby apply for a time and place to be fixed for the hearing of the opposition lodged by              .

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 30.

Regulation 76(1.).

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

REQUEST TO AMEND A PATENT.

I, , of , hereby request that

Patent No. be amended in the following manner:—

My reasons for making this request are as follows:—

My address for service is

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 31.

Regulation 76(2.).

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

REQUEST TO AMEND AN ENTRY IN THE REGISTER.

I, , of , hereby request that the entry in the Register relating to Patent No.              be amended in the following manner:—

My reasons for making this request are as follows:—

My address for service is

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 32.

Regulation 76(3.).

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

REQUEST TO AMEND A DOCUMENT OTHER THAN A PATENT OR ENTRY IN THE REGISTER.

I, , of  , hereby request that the  in respect of Application/Patent No.              be amended as shown in the accompanying

My reasons for making this request are as follows:—

My address for service is

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FIRST SCHEDULE—continued.

FORM 33.

Regulation 81.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

NOTICE OF INTENDED EXHIBITION OF AN INVENTION.

I, , of , hereby give notice of my intention to exhibit an invention relating to              at the                             Exhibition which opens/opened on                            and will close on

I enclose a brief description/sketch/drawing/model of the invention.

My address for service is

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 34.

Regulation 87.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

REQUEST UNDER SECTION 30.

I, , of , hereby request that you inform me of (here insert particulars in relation to which information is sought).

In support of this request, I furnish herewith the following evidence of my interest in the matter:—

My address for service is

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

FORM 35.

Regulation 89.

COMMONWEALTH OF AUSTRALIA.

Patents Act 1952-19 .

NOTIFICATION OF SERVICE.

I,  , of  , hereby give notice that on the  day of                            19              , a copy of notice given by me under section               of the Patents Act 1952-19              /regulation              of the Patents Regulations was served on              by

(here state the name and description of the person served)

 by

(here state method of service)

A copy of the notice so served is annexed hereto.

Dated this day of , 19 .

(Signature.)

To:

The Commissioner of Patents.

SECOND SCHEDULE.

Regulations 5 and 29.

FEES.

SECOND SCHEDULE—continued.

SECOND SCHEDULE—continued.

THIRD SCHEDULE.

Regulations 6 and 7.

PART I.—REQUIREMENTS IN RELATION TO DOCUMENTS GENERALLY.

1. Documents shall be written in the English language on tough white paper of good quality, the thickness of three hundred sheets of which is not less than one inch.

2. The sheets of the paper shall be thirteen inches by eight inches.

3. The contents of a document shall be written on one side only of the paper in a carbonaceous or other permanent ink on which bleaching agents do not have any effect.

4. The contents of a document shall be so written as to leave a margin of not less than two inches on the left-hand side of the sheet.

5. If the contents of a document are in handwriting, the writing shall be large and legible.

6. If the contents of a document are printed, the type shall not be less than pica (12 points).

7. The signature of the person signing a document and the date of signature shall be placed on the last sheet of the document.

8. An interlineation, alteration, erasure or amendment made in a document before it is lodged at the Patent Office shall be initialled by the person who signs the document in the margin of the document opposite to the interlineation, alteration, erasure or amendment.

PART II.—REQUIREMENTS IN RELATION TO SPECIFICATIONS.

1. The specification shall be commenced below the centre of the first page.

2. The pages shall be numbered consecutively.

3. At least each fifth line of each page shall be numbered in the left-hand margin.

4. The claims shall be numbered consecutively.

5. The claims shall commence on a page separate from the remainder of the specification.

6. Reference may be made in the specification and claims to formulae or tables marked on the drawings by reference numbers or letters.

7. If practicable, technical terms, abbreviations and symbols used shall conform to the standards approved and published by the British Standards Institution or the Standards Association of Australia.

8. A book, specification or other work shall not be referred to unless it is available to the public in Australia and is fully identified in the specification.

9. A specification shall not be prolix or vague or contain irrelevant matter.

10. The priority date of each claim in a specification shall be inserted in parenthesis at the end of each claim.

11. A trade mark shall not be used as the means of identifying a substance or article in a specification unless it is not practicable to identify the substance or article by other means.

12. If reference is made in a specification to a registered trade mark, the fact that it is a registered trade mark shall be stated.

PART III.—REQUIREMENTS IN RELATION TO DRAWINGS.

1. Drawings shall be made on white paper, being hot-pressed, rolled or calendered strong paper of good quality, the thickness of one hundred sheets of which is not less than one inch.

2. Drawings shall be so made as to permit them to be clearly reproduced on a reduced scale by photography.

3. Washes or colours shall not be used.

4. Drawings shall not be mounted.

5. The sheets of the paper shall be thirteen inches by eight inches.

6. The drawings shall be so made as to leave a margin of one-half of an inch on each side of the sheet.

THIRD SCHEDULE—continued.

7. A drawing may be commenced on one sheet and continued on a subsequent sheet.

8. Where the drawings on a number of sheets form a complete figure, the drawings shall be so made that the complementary parts or lines on the several sheets show, when placed side by side, the complete figure.

9. Lines shall be drawn in black ink and shall be uniform in thickness or gradation.

10. Section lines shall not be closer than thirty to the inch.

11. Shading lines shall not be used.

12. The figures in the drawings shall be numbered consecutively without regard to the number of sheets used and shall, as far as practicable, be arranged in numerical order.

13. Reference letters and figures in drawings shall be—

(a) in bold type;

(b) not less than one-eighth of an inch in height;

(c) placed in an upright position;

(d) in the case of large parts, placed upon the parts; and

(e) in the case of small parts, placed on one side of the drawings and connected by a fine line to the parts to which they refer.

14. If the drawings contain different views of the same part, the same reference letters and figures shall be used on those views.

15. Drawings shall be marked—

(a) in the top right-hand corner on the back of each sheet—with the number of sheets of the drawings and the number of the particular sheet; and

(b) in the centre of the top of the back of each sheet—with the word “Original” or “True Copy”, as the case requires, and the name of the applicant.

16. Where drawings are lodged with a complete specification after one or more provisional specifications have been lodged, the application number and date or the application numbers and dates shall be marked in the bottom left corner on the back of each sheet.

17. An advertisement or address of a person shall not be marked on the drawings.

18. Except as provided in this Part of this Schedule, descriptive matter shall not be marked on the drawings.

19. Drawings which are in the nature of flow-sheets may have marked on them such descriptive matter as is necessary to show the materials and the chemical or other reactions or treatments used in carrying out the invention.

20. Drawings which show symbolically a number of instruments or units of apparatus and their interconnexions may be marked with such descriptive matter as is necessary to identify the instruments or units or their interconnexions.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.