Patents Regulations, 1912 (Amendment)

Overview

The Statutory Rules of 1913, No. 310, titled "Regulation Under This Patents Act 1903-1909," was enacted to amend the existing Patents Regulations 1912. The regulation was issued by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to ensure that the provisions of the Patents Act 1903-1909 were effectively implemented. The primary aim of these amendments was to address procedural changes in the certification process for office copies of patents, thereby ensuring the accuracy and integrity of patent documentation. This regulation was made to supersede the Provisional Regulation (Statutory Rules 1913, No. 171) under the same act.

Scope and Application

The Patents Regulations 1912, as amended by Statutory Rules 1913, No. 310, pertain to the administration of the Patents Act 1903-1909 within the Commonwealth of Australia. These regulations apply to individuals and entities involved in the process of obtaining and maintaining patents, including applicants, patent holders, and the Commissioner of Patents. The amendments outlined in the Statutory Rules affect the procedural aspects of patent certification, specifically altering the requirements for certified office copies and associated fees. These changes impact the operational and financial obligations of those engaging with the Patent Office, ensuring that all certified documents meet the updated standards set forth by the Commissioner. The modifications also address the fee structure for patent-related services, reflecting a reduction in costs from 10 to 5 shillings for certain certified documents. This regulation underscores the Commonwealth’s commitment to maintaining the integrity and efficiency of the patent system while providing clarity and consistency for all stakeholders involved.

Key Provisions

The primary operative sections of this legislation pertain to the amendments made to the Patents Regulations 1912 (Statutory Rules 1912, No. 76). Regulation 130 has been altered so that instead of documents being furnished by the Commissioner, they must now be supplied, certified by the Commissioner, and bear the seal of the Patent Office (Regulation 130(a)). Additionally, a specific fee structure change is noted in the First Schedule, where item 43 has been omitted, and a new entry has been added in item 44 to clarify that certain certifications now fall under Regulation 130, with the fee for such certifications reduced from 10 shillings to 5 shillings (Regulation 130(b), First Schedule items 43 and 44). The obligations imposed by this legislation primarily concern the manner in which certified documents are to be handled. The Commissioner's role has been expanded to include not only the furnishing but also the certification and sealing of documents. This ensures that any document certified under the Patents Regulations carries an official seal from the Patent Office, thereby providing a higher level of authenticity and legal standing. Furthermore, the amendment to the fee structure within the First Schedule reflects a change in the cost associated with obtaining these certified documents, which now stands at 5 shillings instead of the previous 10 shillings. There are no explicit offences, penalties, or consequences for breaches detailed in this specific legislative instrument. However, by mandating that documents be certified and sealed by the Commissioner, the legislation implicitly imposes a requirement on all parties involved to comply with these new standards. Non-compliance with these certification and fee requirements could potentially lead to legal repercussions under the broader provisions of the Patents Act 1903-1909 or other relevant statutes. The exact nature and severity of any penalties would depend on the context in which the breach occurs and would be subject to the general legal principles governing administrative law and statutory compliance in Australia.