Patents Regulations 1912 (Amendment)

Overview

The Statutory Rules 1937 No. 19, titled "Regulations under the Patents Act 1903-1935," were enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This legislative instrument introduced amendments to the Patents Regulations of 1912, addressing the need to update and streamline the process of supplying copies of patent-related documents and transcripts from the Patent Office. The regulations were designed to modernise the administrative procedures within the patent system, ensuring that the services provided by the Patent Office were more efficient and accessible to the public. The overarching policy objective was to facilitate better access to patent information and documentation, thereby supporting the development and protection of intellectual property in Australia.

Scope and Application

The Patents Regulations, 1937, issued under the Patents Act 1903-1935, govern the administrative procedures and processes within the Australian patent system. These regulations apply to individuals and entities seeking to patent inventions in Australia, including the payment of prescribed fees for services such as the supply of copies of the Register of Patents, documents, and printed specifications, as well as the certification of these documents by the Commissioner. Additionally, the regulations allow for the provision of shorthand reports and uncertified copies of transcripts of hearings before the Commissioner, again subject to the payment of prescribed fees. These regulations extend to the entire Commonwealth of Australia, impacting the patent industry and its participants nationwide. The regulations also specify amendments to the fees associated with obtaining various documents and reports from the Patent Office, reflecting updates to the administrative charges within the patent system. The scope of the regulations is further defined by the exclusions and amendments to existing regulations, ensuring that the processes and fees are clearly outlined and accessible to all stakeholders.

Key Provisions

The Regulations under the Patents Act 1903-1935 introduce key amendments to existing provisions, specifically focusing on the availability of patent-related documents and reports. Regulation 130 of the Patents Regulations, 1912 is repealed, and new provisions are inserted. Regulation 145a allows the Commissioner to provide copies or extracts from the Register of Patents, deeds, documents in the Patent Office, and printed specifications and abridgments available for public reference in the Patent Office Library, subject to the Act and the Regulations, upon payment of a prescribed fee (145a(1)). Additionally, the Commissioner can certify these documents under the seal of the Patent Office for an additional fee (145a(2)). Regulation 145b permits the Commissioner to create a shorthand report of any matter heard under the Act, and supply uncertified copies of the transcript of the report to parties involved, again for a prescribed fee (145b). These regulations provide a structured approach for accessing official patent-related documents and reports, facilitating transparency and accessibility. The obligations imposed by these Regulations are primarily on the Commissioner of Patents, who is tasked with ensuring the availability of specific patent-related documents and reports. The Commissioner must provide copies or extracts from the Register of Patents, deeds, documents in the Patent Office, and printed specifications and abridgments upon request and payment of the prescribed fee, as stipulated in regulation 145a(1). Furthermore, the Commissioner can certify these documents under the seal of the Patent Office for an additional fee, as per regulation 145a(2). Additionally, the Commissioner is responsible for creating shorthand reports of any hearings conducted under the Act and supplying uncertified copies of these reports to relevant parties upon payment of the prescribed fee, as outlined in regulation 145b. These obligations are designed to ensure that patent-related information is accessible and verifiable for those who need it. There are no explicit offences or penalties stated within these Regulations for breaches of the provisions. However, the requirement to pay prescribed fees for obtaining documents and reports implies a financial consequence for non-compliance. The absence of specific penalties suggests that any breaches might be addressed under the broader provisions of the Patents Act 1903-1935 or other relevant legislation. It is important for parties to adhere to the fee structures and processes outlined to avoid any potential issues. Given the nature of the Regulations, non-compliance could result in delays or inability to access necessary patent-related information, indirectly impacting patent applications or proceedings.