Patents Regulations (Amendment) 1992 No. 148
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 148
Issued by the Authority of the Minister of State for Science and Technology
Patents Act 1990
Patents Regulations (Amendment)
The Statutory Rules amend the Patents Regulations (the Regulations) to update the English text of the Patent Cooperation Treaty (the PCT) in Schedule 2 to the Regulations; to declare Gambia to be a Convention country; to vary certain fees payable under the Regulations; and align the allowances for witnesses in proceedings before the Commissioner of Patents (the Commissioner) to those prescribed in the Administrative Appeals Tribunal Regulations. Details of the amendments are as follows:
Regulation 1 sets 1 July 1992 as the commencement day for regulations 1, 2, 3, 4, 6, 7 and 8.
Regulation 2 identifies the Patents Regulations as those to be amended.
Regulation 3 amends subregulation 1.4(2) of the Regulations to reflect the day an which regulation 4, which amends the English text of the PCT in Schedule 2 to the Regulations, comes into force.
Regulation 4 replaces the English text of the PCT in Schedule 2 to the Regulations with the revised text that was agreed to by the Assembly of the International Patent Cooperation Union (the PCT Assembly) which administers the PCT.
Regulation 5 includes Gambia in the list of Convention countries in Schedule 4 to the Regulations.
Regulation 6 substitutes a revised Schedule 7. The items differ from existing items in the level of fees except for items 3 and 4 of Part 1; items 3(a), 3(b), 6(a), 11, 13, 15, 19, 21(a), 23, 24, 25(a), 26(a), 31, 33 to 36, 38, 39(a), 40 and 41 of Part 2; and items 1 and 6 of Part 3 which remain unchanged. The overall effect of the revised fees is an increase of 3.5 per cent on average in fee levels. This increase will enable the Patent, Trade Marks and Designs Offices to meet their cost recovery obligations.
In addition, new item 7 has been included in Part 3 and the fee items in Part 4 have been restructured consequential to changes to the PCT that were agreed to by the PCT Assembly.
Regulation 7 is a transitional provision which ensures that the amending regulations do not affect continuation or renewal fees paid before 1 July 1992 or the sealing fee for an application that was accepted before 1 July 1992.
Regulation 8 amends Schedule 8 to the Regulations to revise the level of allowances for witnesses that can be awarded in proceedings before the Commissioner.
In addition, this regulation corrects a minor typographical error in Schedule 8.
Overview
The Patents Regulations (Amendment) 1992 No. 148 were enacted to bring the Australian Patents Regulations up to date with international standards and to adjust various administrative and financial aspects of the patent system. The Minister of State for Science and Technology authorised these amendments under the authority of the Patents Act 1990. The overarching policy objective of these amendments is to ensure that the Australian patent system remains efficient and aligned with global patent cooperation frameworks, while also addressing financial considerations to support the administrative costs of the Patent, Trade Marks and Designs Offices.
These amendments involve updating the English text of the Patent Cooperation Treaty within Schedule 2 of the Regulations to reflect changes agreed upon by the Assembly of the International Patent Cooperation Union. Additionally, the amendments recognise Gambia as a Convention country, adjust certain fees payable under the Regulations to increase cost recovery, and align allowances for witnesses in patent proceedings with those prescribed in the Administrative Appeals Tribunal Regulations. The regulations also include transitional provisions to protect existing fees and allowances, ensuring a smooth implementation of the new measures.
Scope and Application
The Patents Regulations (Amendment) 1992 No. 148, issued under the authority of the Minister of State for Science and Technology, amends the Patents Regulations 1991 to bring them into alignment with the updated English text of the Patent Cooperation Treaty (PCT) and other relevant changes. This amendment applies to entities and individuals who interact with the Commissioner of Patents, including patent applicants, patent agents, and legal practitioners involved in patent-related proceedings. The amendments are designed to reflect the changes agreed upon by the Assembly of the International Patent Cooperation Union, and to incorporate the Republic of Gambia into the list of Convention countries, thereby expanding the scope of international patent applications that can be processed under the amended Regulations. Furthermore, the amendments also adjust the fees associated with various patent-related activities and align the allowances for witnesses in proceedings before the Commissioner with those prescribed in the Administrative Appeals Tribunal Regulations. These changes are intended to ensure that the Patent, Trade Marks and Designs Offices can meet their cost recovery obligations and to maintain the efficacy and relevance of the patent system within Australia.
Key Provisions
The Patents Regulations (Amendment) 1992 No. 148 introduces several key amendments to the Patents Regulations 1990. Regulation 4 replaces the English text of the Patent Cooperation Treaty (PCT) in Schedule 2 of the Regulations with the revised text that was agreed upon by the Assembly of the International Patent Cooperation Union, the PCT Assembly. Regulation 5 declares Gambia to be a Convention country, adding it to the list of countries in Schedule 4 of the Regulations. Regulation 6 revises the fees payable under the Regulations, increasing them by an average of 3.5 per cent to help the Patent, Trade Marks and Designs Offices meet their cost recovery obligations. Regulation 8 adjusts the allowances for witnesses in proceedings before the Commissioner of Patents, aligning them with those prescribed in the Administrative Appeals Tribunal Regulations.
The obligations imposed by the Patents Regulations (Amendment) 1992 No. 148 primarily concern the updating of the English text of the PCT and the revision of fees to align with cost recovery targets. Patent applicants and other parties involved in patent proceedings must now comply with the updated PCT text and revised fee structures. The Commissioner of Patents must also adjust allowances for witnesses in proceedings according to the new rates specified in Schedule 8. Additionally, the inclusion of Gambia as a Convention country may affect the patent application processes for applicants from that country, requiring compliance with the updated regulations.
Failure to comply with the amended regulations could result in various consequences. While the explanatory statement does not explicitly outline specific offences, penalties, or consequences for non-compliance, it is reasonable to infer that breaches of the updated fee structures or non-compliance with the revised PCT text could lead to administrative actions. These might include fines, refusal of patent applications, or other penalties as prescribed by the Patents Act 1990. However, the exact penalties for non-compliance are not detailed in the explanatory statement and would need to be referred to in the main legislation or related administrative guidelines.