STATUTORY RULES.
1939. No. 1.
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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 eleventh day of January, 1939.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
(Sgd. ROBERT G. MENZIES.)
Attorney-General.
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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 (f) of sub-regulation (2) and inserting in its stead the following paragraph:—
“(f) where an application for a separate patent for any invention excluded from a complete specification by amendment has, under regulation 11 of these Regulations, been antedated, the Commissioner may allow an extension of time for the acceptance of the complete specification accompanying the ante-dated application, for any period not exceeding the period which has already been allowed, or which might have been allowed, in respect of the first-mentioned complete specification.”.
* Notified in the Commonwealth Gazette on , 1939.
† 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; 1928, Nos. 79 and 139; 1929, Nos. 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, 50 and 101.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
27.—8/4.1.1939.—Price 3d.
Overview
Statutory Rules 1939 No. 1 was enacted by the Governor-General in Council under the authority of the Patents Act 1903-1935. This legislative instrument amends the Patents Regulations, 1912, specifically focusing on the time limit for the acceptance of a complete specification. The regulation provides for an extension of time in certain circumstances where an application for a separate patent has been antedated. The objective of this regulation is to provide flexibility to applicants in managing the timing of their patent applications, ensuring that the administrative process aligns with the practical needs of inventors and their legal counsel.
Scope and Application
The Patents Regulations, 1912, as amended by this Statutory Rule, applies to all persons and entities seeking to obtain a patent in Australia under the Patents Act 1903-1935. These regulations govern the formal requirements for patent applications, including the time limits and procedures for acceptance of complete specifications. The regulations have a national jurisdictional reach, applying across the Commonwealth of Australia and impacting the patent industry by establishing clear timelines and conditions under which patent applications must be processed. There are no stated exclusions or exemptions within the text, though the application of the regulations may be extended or restricted through subordinate instruments. This particular regulation, amending the time limit for acceptance of complete specifications, aims to provide flexibility to applicants who have antedated their applications, ensuring that the process remains fair and manageable within the legislative framework.
Key Provisions
This statutory regulation under the Patents Act 1903-1935, published as Statutory Rules 1939, No. 1, amends the Patents Regulations, 1912. Specifically, Regulation 14 is modified to allow for an extension in the acceptance period for a complete specification that accompanies an ante-dated application for a separate patent for an invention excluded from an original complete specification by amendment (Reg. 14(2)(f)). The Commissioner can now grant an extension for a period not exceeding that already allowed or which might have been allowed for the first-mentioned complete specification, as per Regulation 11.
This amendment imposes a new procedural requirement on patent applicants and the Commissioner. When an application for a separate patent is ante-dated, the Commissioner has the discretion to extend the acceptance period for the accompanying complete specification. This provision aims to provide flexibility in managing the timelines for patent applications, particularly when an invention excluded from an original complete specification is later applied for separately.
Breaches of these provisions could lead to procedural missteps in patent applications, potentially resulting in delays or invalidity of the patent if not correctly managed. However, the regulation itself does not explicitly detail offences or penalties for such breaches. Instead, the consequences would likely stem from the Patents Act 1903-1935 or other related legal provisions, which might include administrative penalties or judicial remedies for non-compliance with patent application procedures.