Patents Regulations, 1912 (Amendment) (Provisional)

Overview

The Statutory Rules 1915, No. 82, titled "Provisional Regulations Under the Patents Act 1903-1909," were enacted to address the need for the protection of inventions that are assigned to the Commonwealth of Australia, particularly in the context of national security and defence. These regulations were established to provide a framework for the handling of secret patents, which are inventions that the Minister for Defence deems necessary to keep confidential. The regulations were issued with immediate effect due to their urgency and were made under the authority of the Governor-General in Council, with the advice of the Attorney-General. The overarching policy objective of these regulations is to ensure that sensitive inventions and technological advancements are safeguarded from public disclosure, thereby protecting the national interest. These Provisional Regulations introduce specific procedures for the application, examination, and registration of secret patents, ensuring that such patents are managed discreetly and in accordance with the provisions of the Patents Act 1903-1909. The regulations mandate that secret patents are not to be published or advertised and outline the conditions under which a secret patent may be reassigned to the inventor or the public domain. This legislative instrument was crucial in providing the necessary legal framework to protect sensitive technological innovations during a period of heightened global conflict.

Scope and Application

The Provisional Regulations under the Patents Act 1903-1909, as outlined in Statutory Rules 1915, No. 82, apply specifically to applications for patents concerning inventions assigned to the Commonwealth of Australia. These regulations are designed to facilitate the protection of sensitive technological innovations by allowing the Minister for Defence to direct that certain patents be kept secret, thereby preventing the public disclosure of these inventions. The application process for such secret patents involves specific forms and procedures, as outlined in the newly inserted Regulations 33a through 33d and the accompanying Form A11. These provisions ensure that sensitive information remains confidential and that the patent process is handled discreetly. The regulations do not extend to ordinary patents and apply only to those inventions that have been determined by the Minister for Defence to require secrecy. The geographic scope of these regulations is national, as they pertain to the administration of patents within the Commonwealth of Australia.

Key Provisions

The Provisional Regulations under the Patents Act 1903-1909, as amended, introduce specific provisions regarding the application and handling of secret patents for inventions assigned to the Commonwealth. According to Regulation 33a, when the Minister for Defence determines that a secret patent is advisable for an invention assigned under section 95 of the Act, an application for the patent must be made on Patents Form A11, accompanied by a written direction from the Minister for Defence under section 96 of the Act. The Commissioner is then required to ensure that only an examiner or deputy examiner investigates and reports on the application, similar to other patent applications. Under Regulation 33b, until the Minister for Defence directs otherwise, the application and any related documents must remain confidential, with no publications or inspections allowed to the public. The patent application and specification acceptance will not be advertised, and the grant of the patent will not be open to opposition. Instead, a patent will be sealed as soon as possible after the acceptance of the complete specification. All secret patents must be registered in a confidential register at the Patent Office, and no details of these patents will be published or entered in the ordinary Register of Patents. Moreover, no fees are payable for secret patents, and these patents will remain in force for fourteen years from their date. Regulation 33c allows the same confidentiality and procedural requirements to apply to pending patent applications for inventions directed to be kept secret, to the extent practicable. Regulation 33d outlines the process for reassigning a secret patent to the inventor, requiring the Minister for Defence to direct the Commissioner that the invention no longer needs to be kept secret. Upon this direction, the patent is removed from the confidential register and entered in the ordinary Register of Patents, fees are paid, and the patent remains in force for the same term and conditions as a non-secret patent. The Regulations impose specific obligations on the Minister for Defence, the Commissioner, and the applicants. The Minister for Defence must determine whether a secret patent is advisable and direct that an invention be kept secret or otherwise. The Commissioner must ensure that only designated staff handle secret patent applications, maintain confidentiality, and follow the specified procedures. Applicants must submit their applications on the correct form, accompanied by the required declarations and a written direction from the Minister for Defence. Additionally, the Regulations require that secret patents be registered in a confidential register, with no public disclosure, and that the Commissioner seal the patent upon acceptance of the complete specification. Breach of the Regulations can lead to various civil and criminal consequences. While specific penalties are not detailed within the text, general provisions under the Patents Act 1903-1909 may apply. For instance, unauthorised disclosure of confidential information or non-compliance with the Act's provisions could result in fines or other penalties. The precise penalties would depend on the nature and severity of the breach, as well as any relevant statutory provisions.