STATUTORY RULES.
1937. No. 101.
REGULATION UNDER THE PATENTS ACT 1903-1935.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Patents Act 1903-1935.
Dated this twenty-ninth day of October, 1937.
Governor-General.
By His Excellency’s Command,
Attorney-General.
Amendment of the Patents Regulations, 1912.†
Time limit for acceptance of complete specification.
Regulation 14 of the Patents Regulations, 1912 is amended by omitting paragraph (c) of sub-regulation (2.) and inserting in its stead the following paragraph:—
“(c) where an application for a patent is accompanied by a complete specification and—
(i) the examiner’s first report on the application or on the complete specification is adverse thereto;
(ii) the communication informing the applicant of the report is not despatched from the Patent Office within six months from the time when the application and complete specification were lodged in the Patent Office; and
(iii) the Commissioner is satisfied that the making of the report was not delayed by reason of any delay or omission on the part of the applicant or his attorney,
the Commissioner may allow an extension of time for acceptance of the complete specification for such period (not exceeding six months) as he thinks fit;”.
* Notified in the Commonwealth Gazette on , 1937.
† Statutory Rules 1912, No. 76, as amended by Statutory Rules 1913, No. 310; 1914, No. 69; 1915, No. 267; 1916, Nos. 45 and 162; 1918, No. 142; 1919, Nos. 14, 30 and 239; 1920, No. 137; 1923, Nos. 79 and 139; 1924, No. 115; 1930, No. 148; 1931, Nos. 88 and 147; 1932, Nos. 30 and 69; 1933, Nos. 52, 57 and 90; 1934, Nos. 39 and 134; 1935, Nos. 23, 45, 67 and 90; 1936, No. 89; and 1937, Nos. 19 and 50.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5243.—8/29.9.1937.—Price 3d.
Overview
The Statutory Rules 1937 No. 101 represents a regulation under the Patents Act 1903-1935, enacted to refine the procedural aspects of patent applications in Australia. This legislative instrument was introduced to address the need for clarity and procedural fairness in the handling of patent applications where the initial examination reports are adverse and the applicant is not promptly informed. The regulation was issued by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and it specifically amends the Patents Regulations, 1912. The policy objective is to ensure that applicants are given a fair opportunity to respond to adverse reports by potentially extending the time limit for accepting a complete specification under certain conditions.
Scope and Application
The Statutory Rules of 1937, No. 101, under the Patents Act 1903-1935, introduces amendments to the Patents Regulations, 1912, specifically addressing the time limits for the acceptance of complete patent specifications. This regulation applies to applicants who submit applications for patents along with a complete specification. The regulation pertains to the Commissioner's authority to extend the time limit for accepting a complete specification in certain circumstances, such as when an examiner's report on the application is adverse, the applicant is not informed of this report within six months, and the delay in reporting is not attributable to the applicant or their attorney. This amendment applies across the Commonwealth of Australia, ensuring a uniform approach to patent applications nationwide. The regulation does not specify exclusions or exemptions but provides a clear framework for the Commissioner's discretion in extending time limits under the specified conditions.
Key Provisions
This Statutory Rule, numbered 1937 No. 101, amends the Patents Regulations, 1912 under the Patents Act 1903-1935. Specifically, it revises Regulation 14, which pertains to the time limit for the acceptance of a complete specification accompanying an application for a patent (Regulation 14(2)(c)). The amendment introduces a new condition allowing the Commissioner to extend the acceptance period if certain circumstances are met. The most notable change is the introduction of a timeframe, requiring the examiner's report on the application or specification to be sent within six months of the application and specification being lodged, and that the Commissioner must be satisfied that any delay in making the report was not due to the applicant or their attorney (Regulation 14(2)(c)(i)-(iii)).
The amended Regulation imposes clear obligations on both the patent applicant and the Commissioner of Patents. For applicants, the most significant obligation is ensuring that they respond promptly to any examiner’s reports or communications from the Patent Office. If an adverse report is issued but not communicated within six months, the Commissioner must consider granting an extension for acceptance of the complete specification. For the Commissioner, the obligation is to review the timeliness of the examiner's report and the reasons for any delays, ensuring that the applicant's rights are protected if no fault of their own caused the delay. The Commissioner must then decide on an appropriate extension period, which cannot exceed six months (Regulation 14(2)(c)).
Non-compliance with the stipulations regarding the timely communication of the examiner's report could lead to disputes or legal challenges. However, the Regulation itself does not explicitly outline offences or penalties for non-compliance. Instead, the primary consequence of failing to meet these requirements would likely be procedural, potentially impacting the patent application process. There are no stated maximum penalties within the text of the Regulation, but any disputes arising from the application of these provisions would be subject to the broader legal framework governing patent law in Australia.