STATUTORY RULES.
1912. No. 76.
REGULATIONS UNDER THE PATENTS ACT 1903-1909.
I, THE Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Patents Act 1903–1909, to come into operation on the 10th day of April, 1912.
Dated this fourth day of April, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
ANDREW FISHER,
Acting Attorney-General.
SHORT TITLE.
Short title.
1. These Regulations may be cited as the Patents Regulations, 1912.
INTERPRETATION.
Interpretation.
2. In these Regulations—
“The Act” means the Patents Act 1903-1909.
“Justice of the Peace” means a Justice of the Peace of the Commonwealth, or part of the Commonwealth, or of a State or part of a State.
“The Official Journal” means the Australian Official Journal of Patents.
“Foreign application” means an application by a person for the protection of his invention in the United Kingdom, or the Isle of Man, or in any British Possession or Foreign State to which all or any of the provisions of section 121 with or without variations or additions are for the time being applicable.
C.4395.—Price 1s. 6d.
FEES.
Fees
3.—(1.) The fees to be paid under the Act and these Regulations shall be those specified in the First Schedule, and shall be paid in cash at the Patent Office. All remittances sent by post shall be by money order, postal note, or bank draft, and shall be made payable to the Commissioner of Patents.
(2.) Where any fee is payable in respect of any act or document, the Commissioner may refuse to permit or perform the act, or to receive or issue the document, as the case requires, until the fee payable is paid.
(3.) The prescribed fee for preparation of the patent for sealing shall be paid within the time allowed for the sealing of the patent, and if such fee be not paid no patent shall be sealed.
FORMS.
References to forms.
4.—(1.) Where in these Regulations any form is referred to the reference is to the form in the Second Schedule.
(2.) The forms contained in the Second Schedule may, as far as they are applicable, be used in any proceeding under the Act or these Regulations to which they are appropriate.
HOURS OF BUSINESS.
Hours of business.
5. Except in the case of holidays observed under the Commonwealth Public Service Act 1902, the Patent Office shall be open to the public on week days (other than Saturdays) from 10 a.m. to 4 p.m., and on Saturdays from 10 a.m. to noon.
APPLICATIONS.
Manner of lodging applications.
6. Every application for a patent must be left at or sent to the Patent Office, and may be sent by prepaid letter through the post, and must in every case be accompanied by the prescribed fee.
Manner of recording applications.
7.—(1.) Every application for a patent left at the Patent…
Overview
The Patents Regulations 1912 were enacted under the Patents Act 1903–1909, to provide detailed rules and procedures for the administration of patent applications in Australia. The regulations were introduced to address the need for comprehensive guidelines governing the application process, examination, and enforcement of patents. Enacted by the Governor-General in Council, these regulations have played a crucial role in shaping Australia's patent system, ensuring the protection of intellectual property rights and promoting innovation and economic growth.
Scope and Application
The Patents Regulations 1912 govern the application and administration of the Patents Act 1903-1909 in Australia. These regulations apply to all individuals and entities involved in patent applications, including inventors, applicants, patent attorneys, and the Commissioner of Patents. The regulations cover the process of filing applications, the examination of applications, the granting of patents, and the enforcement of patent rights. They establish the procedures for patent applications, including the requirements for application forms, specifications, drawings, and fees. The regulations also outline the rights and responsibilities of patent holders, including the ability to license or assign patents, the obligations to pay renewal fees, and the consequences of failing to do so. Additionally, the regulations address the process for opposing the grant of a patent, the restoration of lapsed patents, and the revocation of patents. The Commissioner of Patents has the authority to exercise discretion in various matters, including the acceptance of applications, the granting of extensions, and the allowance of oppositions. Appeals from the Commissioner's decisions can be made to the Law Officer and, ultimately, to the High Court or the Supreme Court. The regulations also include provisions for the registration of patent attorneys, the examination of candidates for registration, and the disciplinary measures for patent attorneys found guilty of misconduct or fraud.
Key Provisions
- The Patents Regulations 1912 outline the operational framework for patent applications, granting, and management in Australia. These regulations, operating under the Patents Act 1903-1909, detail the procedures for submitting patent applications, the requirements for patent specifications, and the process for patent sealing and renewal. For instance, Section 6 mandates that every application for a patent must be accompanied by the prescribed fee and be lodged at the Patent Office, with specific guidelines on how applications can be sent and the consequences of non-compliance, such as the Commissioner's refusal to accept the application. Section 14 dictates the timeframe within which a complete specification must be accepted, emphasizing the importance of timely submissions to avoid abandonment of the application.
- These regulations also impose obligations on applicants, such as providing clear and detailed specifications, signing applications, and complying with the prescribed format and content for documents. For example, Section 13 requires that the claims of a specification must be clear and distinct from the body of the specification, ensuring that the invention is accurately and comprehensively described. Failure to meet these obligations can result in the application being deemed abandoned or refused.
- In terms of consequences for breach, the regulations outline various penalties and civil or criminal consequences for non-compliance. For instance, Section 17 states that if an applicant fails to pay the acceptance fee within the specified timeframe, the application is deemed abandoned. Additionally, Section 137 details the process for obtaining the Attorney-General's fiat to present a petition for the revocation of a patent, highlighting the formal and legal nature of challenging patent validity. The regulations also provide for the possibility of fines and other penalties for various infractions, ensuring that the patent system is enforced effectively.
- Area of Law
- Intellectual Property Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Fees
- Enforcement Powers
- Reporting & Disclosure Obligations
