STATUTORY RULES.
1932. No. 30.
REGULATIONS UNDER THE PATENTS ACT 1903-1930.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Patents Act 1903-1930, to come into operation on the first day of January, One thousand nine hundred and thirty-two.
Dated this ninth day of March, one thousand nine hundred and thirty-two.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
A. J. McLACHLAN
Acting Attorney-General.
Amendment of Patents Regulations, 1912.
(Statutory Rules 1912, No. 76, as amended to this date.)
1. Regulation 14 of the Patents Regulations, 1912 is amended—
(a) by omitting from paragraph (b) of sub-regulation (2.) the word “and” (last occurring);
(b) by adding at the end of sub-regulation (2.) the following paragraph:—
“; and
(c) where a complete specification of an application which has not been withdrawn, abandoned or refused has not been accepted under sub-regulation (1.) of this regulation within the period of fifteen months from the date of application, the Commissioner may, if satisfied that the circumstances justify a further extension of time and upon payment of the prescribed fee, allow, for acceptance of the complete specification of that application, a further extension of time not exceeding three months:
Provided that where an application for an extension of time has not been made under sub-regulation (1.) of this regulation, the fee payable under that sub-regulation in respect of an extension for three months shall be payable in addition to the fees prescribed in respect of a further extension of time under this paragraph.”; and
(c) by inserting, before the word “sub-regulation”, in sub-regulation (3.), the words “paragraphs (a) and (b) of”.
772.—Price 3d.
2. The First Schedule to the Patents Regulations, 1912 is amended by inserting, after item 8, the following item:—
“8a. On application under paragraph (c) of sub-regulation (2.) of regulation 14 for further extension of time for acceptance of complete specification—
| £ | s. | d. |
Where one month only is applied for................ | 5 | 0 | 0 |
Where two months are applied for— | | | |
In respect of the first month.................... | 5 | 0 | 0 |
In respect of the second month.................. | 7 | 10 | 0 |
Where three months are applied for— | | | |
In respect of the first month.................... | 5 | 0 | 0 |
In respect of the second month.................. | 7 | 10 | 0 |
In respect of the third month................... | 10 | 0 | 0”. |
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Patents Regulations 1932, made under the Patents Act 1903-1930, were introduced to amend the existing Patents Regulations, 1912. These regulations were enacted by the Governor-General, Isaac Isaacs, with the advice of the Federal Executive Council, to address certain administrative aspects of patent applications in Australia. The primary problem these regulations aimed to resolve was the potential backlog and inefficiency in the patent application process by providing clearer guidelines and additional time allowances for the acceptance of complete specifications. This legislative instrument also sought to ensure a more structured and fair approach to patent applications by setting out specific fees for extensions of time, thereby providing clarity and consistency in the application process.
Scope and Application
The Patents Regulations, 1932, made under the authority of the Patents Act 1903-1930, apply to any individual or entity seeking to register a patent in Australia. The regulations govern the process by which patent applications must be submitted, including the specifications and fees required for the application to be considered complete. The regulations extend to all patent applications within the Commonwealth of Australia and are intended to facilitate the timely and efficient processing of patent applications. The regulations provide for the Commissioner of Patents to grant extensions of time for the acceptance of complete specifications under certain conditions, which may include the payment of additional fees. The regulations do not specify exclusions or exemptions but rather provide a framework for the administration of patent applications. The regulations are subject to amendment through subordinate instruments, which may alter the fees or extend the application process as needed to meet the changing requirements of patent law in Australia.
Key Provisions
The Regulations under the Patents Act 1903-1930, specifically Statutory Rules 1932, No. 30, introduce amendments to the Patents Regulations, 1912. A key amendment is to Regulation 14, which concerns the acceptance of complete specifications of patent applications. Regulation 14(2)(b) now allows the Commissioner to extend the time for accepting a complete specification of an application that has not been withdrawn, abandoned, or refused, provided it has not been accepted within fifteen months from the date of application. This extension can be granted for up to an additional three months if the Commissioner is satisfied that the circumstances justify it, and upon payment of the prescribed fee. It is noteworthy that if an application for an extension has not been made within the initial period, an additional fee will be payable for the three-month extension (Regulation 14(2)(c)). Additionally, Regulation 14(3) now explicitly refers to paragraphs (a) and (b) of sub-regulation (2), ensuring clarity in the application process.
These Regulations impose specific obligations on applicants for patents. Primarily, applicants must ensure that their complete specifications are submitted within the stipulated timeframes, or they may apply for an extension if justified. The obligation to apply for such extensions and pay the associated fees within the prescribed periods is crucial. Moreover, the Regulations require the Commissioner to assess the justification for extensions and make decisions accordingly. These provisions aim to maintain an efficient and fair process for patent applications, ensuring that applicants are aware of the timelines and potential for extensions.
Breach of these Regulations may result in significant consequences. Although the text does not explicitly detail offences or penalties for non-compliance, it is implicit that failure to adhere to the specified timelines and procedural requirements could result in the non-acceptance of a patent application or other administrative penalties. The importance of timely submissions and applications for extensions cannot be overstated, as the Commissioner’s discretion in granting extensions is limited by the Regulations. Therefore, applicants must carefully manage their timelines and ensure compliance with all stipulated requirements to avoid potential adverse outcomes.