Patents Regulations 1912 (Amendment)

Overview

The Statutory Rules 1919, No. 14, represents a regulation under the Patents Act 1903–1909, made by the Governor-General in Council, and it was introduced to address the need for amendments to the Patents Regulations 1912. This regulation, which came into operation forthwith on 17 January 1919, was issued under the authority of the Governor-General, R. M. Ferguson, and the Acting Attorney General, Littleton E. Groom. The primary objective of this legislative instrument was to modify the existing regulations concerning the submission of drawings in patent applications, specifically stipulating that a true copy of the original drawings must be lodged with the application. This change aimed to ensure that patent applicants comply with the regulations governing the preparation and submission of original drawings, thereby maintaining the integrity and standards of patent documentation within the Australian patent system.

Scope and Application

The Statutory Rules 1919, No. 14, under the Patents Act 1903–1909, pertain to the regulation of patent applications within the Commonwealth of Australia. The regulation, made by the Governor-General in Council and effective immediately, specifically amends the Patents Regulations 1912. It introduces new requirements for the submission of drawings accompanying patent applications, stipulating that a true copy of the original drawings must be lodged, with reference letters and figures omitted but otherwise adhering to the same standards as the originals, or prepared on tracing cloth as directed by the Commissioner. This regulation applies to all applicants for patents in Australia, ensuring uniformity and compliance in the presentation of patent documentation. The scope of this regulation is limited to the procedural aspects of patent applications, impacting entities and individuals seeking to patent their inventions within Australia. No specific exclusions or exemptions are mentioned, and the regulation operates as a direct amendment to the existing Patents Regulations 1912.

Key Provisions

The main operative section of this statutory rule is the amendment of Regulation 55 under the Patents Regulations 1912, as outlined in the Patents Act 1903–1909. Regulation 55, as amended, specifies the requirement for applicants to lodge a 'true copy' of the original drawings accompanying their patent application (Reg. 55). This true copy must be prepared strictly in accordance with the regulations governing original drawings, with reference letters and figures omitted. Alternatively, the drawings can be prepared on tracing cloth, as directed by the Commissioner. Under the amended Regulation 55, applicants for patents must ensure that the true copy of the original drawings is complete and accurate, reflecting the same level of detail and compliance as the original drawings. This includes the omission of reference letters and figures, but requires strict adherence to all other regulatory standards applicable to original drawings. The Commissioner has the discretion to specify whether the true copy should be prepared on tracing cloth or otherwise. The obligations imposed by the amended Regulation 55 on applicants include the preparation and lodging of a true copy of the original drawings with their patent application. This requirement ensures that the patent office has a clear and accurate representation of the invention, facilitating examination and evaluation. Failure to comply with this regulation may result in the patent application being rejected or deemed incomplete. In terms of penalties and consequences for non-compliance, the statutory rule does not explicitly state any specific penalties for failing to lodge a true copy of the original drawings. However, non-compliance could result in the patent application being rejected or deemed incomplete, which would prevent the applicant from proceeding with the patent grant process. Such an outcome could have significant legal and financial implications for the applicant, as it would effectively prevent them from obtaining patent protection for their invention. Given the critical nature of the drawings in patent applications, adherence to Regulation 55 is essential for applicants. The regulation aims to maintain the integrity and clarity of the patent documentation, ensuring that the patent office can effectively assess the invention. Any deviation from the specified requirements may hinder the examination process and potentially lead to the rejection of the patent application.