Patents Regulations 1912 (Amendment)

Overview

The Statutory Rules of 1919, No. 30, issued under the authority of the Patents Act 1903-1909, were enacted to address a specific scheduling issue regarding the examination of candidates for registration as Patent Attorneys. The enactment was made by the Governor-General in Council, reflecting the legislative power vested in the Commonwealth of Australia. The primary objective of these regulations was to ensure that the Board of Examiners could hold an examination in the months of March or April in 1919, despite a conflicting provision in the Patents Regulations 1912. This legislative instrument was crucial in maintaining the proper functioning of the patent system by providing clarity and flexibility in the examination scheduling process.

Scope and Application

The Statutory Rules 1919, No. 30 made under the Patents Act 1903-1909, specifically address the examination of candidates for registration as Patent Attorneys. This legislation pertains to the activities of the Board of Examiners of Patent Attorneys, empowering them to conduct examinations in the months of March and April of the year 1919. This regulation, made under the authority of the Governor-General and the advice of the Federal Executive Council, is intended to ensure that the process of registering patent attorneys is conducted in a timely and organised manner. This Act applies to individuals seeking registration as Patent Attorneys, and it is intended to operate within the Commonwealth of Australia. Notably, this legislation overrides a specific provision in regulation 174 of the Patents Regulations 1912, allowing flexibility in the scheduling of examinations. The application of the regulation is narrowly focused on the timing of the examinations, without imposing broader restrictions or exemptions, thus providing a precise framework for the administration of patent attorney registrations during the specified period.

Key Provisions

The main operative sections of the regulation, specifically section 1, provide that the Board of Examiners of Patent Attorneys has the authority to hold an examination for candidates seeking registration as Patent Attorneys in March or April of the year 1919. This deviates from the usual timing stipulated in regulation 174 of the Patents Regulations 1912, which typically governs the scheduling of such examinations. The regulation is designed to allow for flexibility in the examination schedule during that specific period. The regulation imposes several obligations on the Board of Examiners of Patent Attorneys. Firstly, they are mandated to conduct the examination within the specified months of March or April 1919. Additionally, they must adhere to all other relevant procedures and criteria established under the Patents Act 1903-1909 and the broader legislative framework governing patent law in Australia. This ensures that the examination process is carried out in a manner consistent with legal standards and requirements. There are no explicit offences, penalties, or consequences mentioned in the regulation for breaches of its provisions. However, the regulation operates within the broader context of the Patents Act 1903-1909, which may include various enforcement mechanisms and penalties for non-compliance with patent-related laws. For instance, under the Patents Act, there are provisions for the imposition of fines and other penalties for unlawful activities related to patents. While the regulation itself does not detail these penalties, the overarching legislation provides a framework within which any breaches could be addressed.