STATUTORY RULES
1913. No. 300.
PROVISIONAL REGULATION UNDER THE PATENTS ACT 1903-1909.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Patents Act 1903-1909 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation :—
Dated this twentieth day of November, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
W. H. IRVINE,
Attorney-General.
The First Schedule to the Patents Regulations 1912 (S.R. 1912, No. 76) is amended—
(a) by omitting the following words:—
“Fees set out in the Second Schedule to the Act. | ____ | Corresponding Form. |
| £ | s. | d. | |
On filing application for patent or patent of addition | 1 | 0 | 0 | A, A1, A2, A3, A4, A5, A6, A7, A8, A9, A10 |
On acceptance of complete specification of patent or patent of addition | 2 | 0 | 0 | |
For preparation of patent for sealing......... | 5 | 0 | 0 | |
For preparation of patent of addition for sealing.. | 2 | 10 | 0 | |
On the expiration of the seventh year of the period of the patent | 5 | 0 | 0 | N. O |
On filing notice of opposition.............. | 2 | 0 | 0 | G” |
C. 14893.—Price 3d.
(b) by inserting in their stead the following words :—
—— | —— | Corresponding Form. |
“Fees set out in the Second Schedule to the Act. | £ | s. | d. | |
On filing application for patent............... | 1 | 0 | 0 | A, A1, A2, A3, A4, A5, A6, A7, A8, A9, A10 |
On acceptance of complete specification......... | 2 | 0 | 0 | |
For preparation of patent for sealing........... | 5 | 0 | 0 | |
On the expiration of the 7th year of the period of the patent* | 5 | 0 | 0 | N, O |
On filing notice of opposition................ | 2 | 0 | 0 | G” |
and (c) by adding at the end of the Schedule the following footnote :—
“ *Note.—By Section 85 (3.) of the Act it is provided that ‘in respect of a patent of addition no fee shall be payable for renewal.’”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
Statutory Rules 1913 No. 300, titled "Provisional Regulation under the Patents Act 1903-1909," was enacted in response to the need for immediate amendments to the fees associated with patent applications, acceptances, and renewals as outlined in the First Schedule of the Patents Regulations 1912. This Provisional Regulation was issued by the Governor-General in Council on 20 November 1913, under the authority of the Patents Act 1903-1909, to address urgent modifications to the fees structure. The policy objective behind these amendments is to ensure that the fees for filing applications, accepting complete specifications, and preparing patents for sealing are clearly specified, while also clarifying that no renewal fee is payable for a patent of addition, as per Section 85(3) of the Patents Act.
Scope and Application
The Provisional Regulation under the Patents Act 1903-1909 applies to all individuals and entities seeking to file, renew, or oppose patents within the Commonwealth of Australia. This legislation pertains specifically to the procedural and financial aspects of patents, including the filing of applications, the acceptance of complete specifications, the preparation of patents for sealing, and the renewal of patents. The regulation amends the fees outlined in the First Schedule of the Patents Regulations 1912, as published in the Statutory Rules of 1912. Notably, the regulation introduces an exclusion for the payment of fees related to the renewal of patents of addition, in accordance with Section 85(3) of the Patents Act. The geographic reach of this legislation is confined to the Commonwealth of Australia, affecting all patents and patent applications within its jurisdiction. The regulation comes into immediate effect, underscoring the urgency deemed necessary by the Governor-General and the Federal Executive Council, and is implemented as a provisional measure until further legislative adjustments are made.
Key Provisions
The Provisional Regulation under the Patents Act 1903-1909 (S.R. 1913, No. 300) primarily amends the First Schedule to the Patents Regulations 1912 (S.R. 1912, No. 76) to adjust the fees for various patent-related actions. Specifically, section (a) removes outdated fee structures listed in the Second Schedule to the Act, while section (b) introduces new fees for actions such as filing an application for a patent, accepting a complete specification, preparing a patent for sealing, and filing a notice of opposition. Section (c) adds a note clarifying that no renewal fee is payable for a patent of addition, as per Section 85(3) of the Patents Act.
This legislation imposes several obligations on applicants for patents and patents of addition. Firstly, applicants must pay the specified fees when filing their application, upon acceptance of their complete specification, and when preparing their patent for sealing. Additionally, applicants must also be aware of and comply with the fees for filing a notice of opposition. Furthermore, the legislation requires that the correct fees are paid at each stage to ensure the process is completed in accordance with the law. The omission of fees for renewal in the case of patents of addition, as noted in section (c), must also be adhered to by those filing such patents.
Failure to comply with the fee requirements stipulated in this Provisional Regulation could potentially lead to legal consequences. Although the specific penalties are not detailed in the legislation, non-compliance with statutory fee requirements generally can result in the application being deemed invalid, the patent not being granted, or legal action being taken against the applicant for not adhering to the legislative requirements. The precise civil or administrative penalties could vary based on the nature and extent of the breach, but they could include fines, court orders, or other legal remedies to enforce compliance.