STATUTORY RULES.
1914. No. 69.
REGULATIONS UNDER THE PATENTS ACT 1903-1909.
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 1903-1909, to come into operation forthwith. The provisional Regulation (Statutory Rules 1913, No. 300) made under the said Act on the 20th day of November, 1913, is hereby repealed.
Dated this tenth day of June, One thousand nine hundred and fourteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. H. IRVINE,
Attorney-General.
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Amendments of Patents Regulations 1912.
(Statutory Rules 1912, No. 76).
1. Regulation 68 is hereby amended by omitting therefrom the words “not exceeding one month.”
2. Regulation 90 is hereby repealed.
3. Sub-regulations (1) and (2) of Regulation 91 are hereby repealed, and the following sub-regulations inserted in their stead:—
“(1) Subject to sub-regulation (3), appeals to the High Court or the Supreme Court from the decision of the Commissioner or the Law Officer may be instituted and conducted in accordance with the rules of the Court.”
“(2) If the rules of the Court make no provision in that behalf, appeals may be instituted by notice of motion filed in the Court.”
4. Regulations 170 and 171 are amended—
(a) by repealing paragraph (a) of Regulation 170; and
(b) by repealing sub-regulation (1) of Regulation 171, and inserting in its stead the following sub-regulation:—
“(1) At each meeting of the Board the members present shall elect one of their number to be chairman.”
C.6200.—Price 3d.
5. The First Schedule to the Regulations is amended—
(a) by omitting the following words:—
“Fees set out in the Second Schedule to the Act. | — | Corresponding Form |
| £ | s. | d. | |
On filing application for patent or patent of addition ... | 1 | 0 | 0 | A, Al, A2, A3, A4, A5, A6, A7, A8, A9, A10 |
On acceptance of complete specification of patent or patent of addition | | | | |
2 | 0 | 0 | |
For preparation of patent for sealing.............. | 5 | 0 | 0 | |
For preparation of patent of addition for sealing...... | 2 | 10 | 0 | |
On the expiration of the seventh year of the period of the patent | | | | |
5 | 0 | 0 | N, O |
On filing notice of opposition.................. | 2 | 0 | 0 | G” |
|
(b) by inserting in their stead the following words:—
— | — | Corresponding Form. |
“Fees set out in the Second Schedule to the Act. | £ | s. | d. | |
On filing application for patent................ | 1 | 0 | 0 | A, Al, A2, A3, A4, A5, A6, A7, A8, A9, A10 |
On acceptance of complete specification.......... | 2 | 0 | 0 | |
For preparation of patent for sealing.............. | 6 | 0 | 0 | |
On the expiration of the 7th year of the period of the patent |
5 | 0 | 0 | N, 0 |
On filing notice of opposition................. | 2 | 0 | 0 | G” |
|
and (c) by adding at the end of the Schedule the following footnote:—
“*Note—By section 85 (3.) of the Act it is provided that to respect of a patent of addition no fee shall be payable for renewal”
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Printed and published for the Government of the Commonwealth of Australia by Albert J. MULLETT, Government Printer for the State of Victoria.
Overview
The Patents Regulations 1914 (Statutory Rules 1914, No. 69) were enacted to amend the existing regulations under the Patents Act 1903-1909, addressing issues such as the procedural aspects of appeals and the fees associated with patent applications. Made by the Governor-General in Council, these regulations were designed to streamline certain administrative processes within the patent system. The primary objective of these regulations was to provide a more efficient framework for the management of patent applications and appeals, ensuring that the processes were in line with the overarching policy of fostering innovation and protecting intellectual property rights in Australia. The amendments sought to clarify the procedures for appeals to higher courts, modify fee structures, and adjust various regulatory provisions to better support the administration of patents.
Scope and Application
The Statutory Rules 1914, No. 69, under the Patents Act 1903-1909, amend the existing Patents Regulations 1912. These regulations apply to all individuals, entities, and industries involved in the patent application, registration, and enforcement processes within the Commonwealth of Australia. The amendments primarily address procedural aspects such as altering the time limits for certain actions, adjusting fees associated with patent applications and renewals, and modifying the rules governing appeals to the High Court or Supreme Court from decisions made by the Commissioner or the Law Officer. Notably, the regulations eliminate specific monetary limitations and fee structures previously outlined, replacing them with updated fees detailed in the Second Schedule of the Act. The revised regulations also streamline the process for electing a chairman at Board meetings. These changes are intended to provide a more efficient and effective framework for managing patent-related matters in Australia.
Key Provisions
The Regulations under the Patents Act 1903-1909, as outlined in Statutory Rules 1914, No. 69, introduce several amendments to the existing provisions. Regulation 68 is modified by removing the limitation of one month, potentially broadening the scope of certain deadlines or timeframes (1). Regulation 90 is repealed entirely, which may affect the previous procedures or requirements it established (2). Furthermore, sub-regulations (1) and (2) of Regulation 91 are repealed and replaced with new provisions that allow appeals to the High Court or the Supreme Court to be instituted and conducted in accordance with the relevant court’s rules, or by notice of motion if no such provisions exist (3). Additionally, Regulations 170 and 171 are amended to remove certain outdated provisions and introduce a new requirement for the Board to elect a chairman at each meeting (4). The First Schedule is also revised to update the fees associated with patent applications and maintenance, and to clarify that no fee is payable for the renewal of a patent of addition (5).
These Regulations impose specific obligations on parties involved in patent applications and maintenance. For instance, they mandate that appeals to higher courts must follow the procedural rules of those courts or, in the absence of such rules, be initiated by a notice of motion. Furthermore, the requirement for the Board to elect a chairman at each meeting ensures structured leadership and decision-making processes within the Board. The amendments to the fee schedule also mean that applicants and patent holders must adhere to the new financial obligations when filing applications, accepting specifications, preparing patents for sealing, and filing notices of opposition.
Breach of these Regulations could result in various consequences. Although the document does not explicitly state penalties for non-compliance, it is reasonable to infer that failure to adhere to the stipulated procedures for appeals or the payment of updated fees could lead to legal challenges or administrative penalties. The precise nature and extent of these penalties would likely be determined by the relevant courts or administrative bodies interpreting and enforcing the Regulations. The updated fees also mean that incorrect payments could result in financial discrepancies and potential disputes over the validity of patent filings or maintenance.