Patents Regulations 1912 (Amendment)

Overview

The Statutory Rules 1945 No. 197, enacted by the Governor-General under the authority of the Federal Executive Council, serves to amend the Patents Regulations 1912, which themselves were created to provide further detail and instructions under the Patents Act 1903-1935. This legislative instrument addresses administrative adjustments within the operation of the Patent Office, specifically altering the business hours and extending the time frames in which certain actions must be taken. The intent behind these changes is to streamline and modernise the procedures in line with the evolving administrative practices and to provide greater convenience for the public interacting with patent applications. The overarching objective is to ensure the efficient and effective administration of patent laws in Australia.

Scope and Application

These regulations, made under the Patents Act 1903-1935, amend the Patents Regulations 1912 to adjust the operating hours of the Patent Office and extend the time for actions in certain cases. Specifically, the regulations alter the hours of business for the Patent Office, stipulating that it will be open to the public on weekdays, excluding Saturdays, from ten in the morning to four in the afternoon. Furthermore, Regulation 182b is amended to allow for extensions of time in cases where the Patent Office is not open to the public, replacing the previous exclusion of Saturdays with a broader exclusion of any day the Patent Office is not open. These changes are designed to streamline administrative processes and ensure that applicants and the public can access the Patent Office within the specified hours, with allowances made for days when the office is closed. The regulations are applicable across the Commonwealth of Australia, ensuring a consistent approach to patent-related administrative procedures nationwide.

Key Provisions

The Statutory Rules of 1945, No. 197, under the Patents Act 1903-1935, introduce new regulations primarily altering the operational hours of the Patent Office and the extension of time for certain cases. Regulation 5 of the Patents Regulations 1912 is repealed, and a new regulation is introduced, specifying that the Patent Office will be open to the public on weekdays, excluding Saturdays, from 10 am to 4 pm, except on holidays observed under the Commonwealth Public Service Act 1922-1945 (Regulation 5). Regulation 182b is amended to extend the time in certain cases, replacing the term "Saturday" with "day on which the Patent Office is not open to the public" (Regulation 2). The obligations imposed by these regulations primarily concern the operational schedule of the Patent Office and the adjustment of deadlines when the office is closed. The Patent Office must ensure that it adheres to the specified hours of operation and remains closed on public holidays unless otherwise noted. For the extension of time in certain cases, the regulation requires that any deadlines be adjusted to exclude days when the Patent Office is not open, thereby providing flexibility for applicants and stakeholders. For breaches of these regulations, the legislation does not explicitly state any specific offences, penalties, or consequences. However, non-compliance with the stipulated operational hours or failure to appropriately adjust deadlines in accordance with the amended regulation could potentially lead to administrative issues or delays in patent applications. The exact consequences would depend on the specific context and the discretion of the Patent Office administration.