Patents Regulations, 1912 (Amendment)

STATUTORY RULES.

1915. No. 267.

REGULATIONS UNDER THE PATENTS ACT 1903-1909.

I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, 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Provisional Regulations (Statutory Rules 1915, No. 82) made under the said Act on the 27th day of May, 1915, are hereby repealed.

Dated this thirty-first day of December, One thousand nine hundred and fifteen.

A. L. STANLEY,

Deputy of the Governor-General.

By His Excellency’s Command,

(Sgd.) W. M. HUGHES,

Attorney-General.

The Patents Regulations 1912 (Statutory Rules 1912, No. 76) are amended—

(a) by inserting after Regulation 33 the following heading and regulations:—

“Applications for Patents For Inventions Assigned to the Commonwealth.

Secret patents.

“33a. When it has been decided by the Minister for Defence that it is advisable to take out a secret patent for any invention assigned under section 95 of the Act, and an application for the patent has been made on Patents Form A11, accompanied by a written direction of the Minister for Defence, under section 96 of the Act, the Commissioner shall not communicate the application or any documents relating thereto to any member of his staff other than an examiner or deputy examiner, who shall make the required investigations and reports required by the Act to be made in the case of other applications for patents.

Procedure on applications for secret patents.

“33b. Unless and until the Minister for Defence by notice in writing directs that the invention directed to be kept secret need no longer be kept secret—

(a) No copy of any specification or any other document or drawing relating thereto shall in any manner whatever be published or open to the inspection of the public.

C.15865.—Price 3d.

(b) The application for the patent, and the acceptance of any specification relating to the invention shall not be advertised, nor shall the grant of the patent for the invention be open to opposition under section 56 of the Act; but the Commissioner shall cause a patent to be sealed in respect of every such invention as soon as may be after the acceptance of the complete specification relating thereto.

(c) Every secret patent shall be registered in a confidential register at the Patent Office, and no details or particulars relating thereto shall at any time be published as required by the Act for ordinary patents. No entry shall be made in the ordinary Register of Patents in respect of any patent or any assignment thereof.

(d) No fees shall be payable in respect of any secret patent, and every secret patent, notwithstanding the non-payment of such fees, shall remain in force for the full period of 14 years from its date

Procedure on pending application directed to be kept secret.

“33c. When an application has been made otherwise than as provided, by Regulation 33a for a patent for an invention, and the application is still pending, and a written direction under section 96 of the Act is furnished to the Commissioner by the Minister for Defence, the provisions of Regulations 33a and 33b shall, so far as is practicable, having regard to the date of the written direction, apply to the application and to all documents relating thereto.

Assignment or re-assignment of secret patent to inventor.

“33d. In the event of any secret patent being re-assigned to the inventor by the Commonwealth, the Minister for Defence shall by notice in writing; direct the Commissioner that the invention directed to be kept secret need no longer be kept secret, and thereupon it shall be removed from the confidential Register of secret patents, and entered in the ordinary Register of Patents; all fees that would have been thereafter payable if the same had not been a secret patent shall be paid in respect thereof; and the patent shall remain in force only for the same term, and subject to the same conditions, as to payment of fees and otherwise as if it had not been a secret patent”; and

(b) by inserting in the Second Schedule, after Form A10, the following Form:—

“Form A11.

(This Form must be accompanied by—

(a) A copy each of Forms B and B1; or a copy each of Forms C and Cl.

(b) A copy of either Form D or Form E).

Commonwealth of Australia.

The Patents Act 1903–1909.

APPLICATION FOR A PATENT FOR AN INVENTION ASSIGNED TO THE COMMONWEALTH.

I (or We) (a)

do hereby declare that I am (or, we are) in possession of an invention the title of which is (b)               that I am (or, we are) the actual inventor (or inventors) of the said invention; and that the same is not in use within the Commonwealth of Australia by any other person or persons to the best of my (or, our) knowledge and belief; and I (or, we) humbly pray that a secret patent may be granted to me (or, us) for the said invention.

And I (or, we) make this declaration conscientiously believing it to be true.

Dated this day of One thousand nine hundred and

(a) Here insert (in full) name, address, and occupation of applicant or applicants.

(b) Here insert title of invention.

(c) Name of applicant or applicants.

(d) Name of witness or witnesses.

(e) Signature of applicant or applicants.

Note.—Application to be accompanied by a notice in writing by the Minister for Defence directing that the invention and the manner in which it is to be worked shall be kept secret.”

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.