STATUTORY RULES.
1923. No. 139.
REGULATIONS UNDER THE PATENTS ACT 1903‑1921.
I, SIR WILLIAM HILL IRVINE, Deputy of 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 1903‑1921, to come into operation forthwith.
Dated this twenty‑sixth day of September, 1923.
W. H. IRVINE,
Deputy of the Governor‑General.
By His Excellency’s Command,
LITTLETON E. GROOM,
Attorney‑General.
Amendment of Patents Regulations 1912.
(Statutory Rules 1912, No. 76, as amended to this date.)
1. Regulation 31 of the Patents Regulations is amended by omitting from sub‑regulation (1) the words “, not exceeding three months,”.
2. Regulation 173 of the Patents Regulations is amended by omitting from sub‑regulation (1) the word “Board” (first occurring) and inserting in its stead the word “Minister”.
3. The First Schedule to the Patents Regulations is amended by omitting item 7 and inserting in its stead the following, item:—
“7. On application for extension of time under regulation 31.
For each month or part of a month.............. | £2: | 0: | 0 | C4.” |
4. The Second Schedule to the Patents Regulations is amended by omitting from Form C4 the symbols and figures “£4, or £6” and inserting in their stead the words “for each month”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.14645.—Price 3d.
Overview
The Statutory Rules 1923 No. 139, Regulations under the Patents Act 1903-1921, was enacted to amend the existing Patents Regulations of 1912. This legislative instrument was introduced to address various issues within the patent application process, specifically to refine the timelines and fees associated with patent applications and extensions. The regulations were made by the Deputy of the Governor-General, Sir William Hill Irvine, acting on the advice of the Federal Executive Council. The primary objective of these amendments was to update the administrative procedures and financial requirements in line with the evolving needs of the patent system, ensuring clarity and efficiency in processing patent applications and extensions.
Scope and Application
The Regulations under the Patents Act 1903-1921, as outlined in Statutory Rules 1923, No. 139, apply to individuals and entities involved in the patent application process in Australia. These regulations pertain specifically to the administrative and procedural aspects of patent regulation, affecting applicants and patent attorneys by modifying the existing Patents Regulations 1912. The amendments include changes to the fees associated with extensions of time for patent applications and the adjustment of the responsible authority from the Board to the Minister. These regulations have a nationwide scope, extending across the Commonwealth of Australia and impacting anyone who falls under the purview of the Patents Act.
The Regulations modify specific aspects of the patent application process, such as the fees for extending the time limits for certain actions and the substitution of the Minister for the Board in regulatory oversight. These changes are designed to streamline administrative processes and update financial requirements in line with contemporary standards. Notably, the amendments do not explicitly state exclusions or thresholds that would exempt certain applicants or entities from these changes, suggesting a broad application. Furthermore, the Regulations provide for potential extensions and modifications through subordinate instruments, allowing for future updates and refinements as necessary.
Key Provisions
The Regulations under the Patents Act 1903-1921, as amended by Statutory Rules 1923, No. 139, introduce several key changes to the existing Patents Regulations 1912. Regulation 31 has been amended by removing the phrase "not exceeding three months," which previously limited the period for certain actions related to patent applications. Regulation 173 has been updated to replace the term "Board" with "Minister" in sub-regulation (1). This change likely signifies a shift in the responsibility for certain patent-related decisions from a board to a ministerial authority. The First Schedule has been modified by replacing item 7, which previously specified a maximum fee for extending the time for certain actions, with a new fee structure of £2:0:0 for each month or part of a month. Finally, the Second Schedule has been altered to remove specific fee amounts and instead charge "for each month," aligning with the new fee structure in the First Schedule.
These regulations impose specific obligations on patent applicants and the Minister. Applicants now need to comply with the new fee structure for extending the time for certain actions, as outlined in the amended First Schedule. The Minister, as now referenced in Regulation 173, assumes the responsibility previously held by the Board for certain decisions related to patents. The changes also require applicants to adhere to the updated fee structure when applying for extensions of time, ensuring that they pay the correct amount based on the duration of the extension requested.
Failure to comply with the new provisions of these Regulations may result in civil or administrative consequences. For instance, if an applicant does not pay the correct fee as stipulated in the amended First Schedule, they may face penalties or other enforcement actions by the relevant authority. Additionally, any actions or decisions by the Minister that do not align with the new Regulations could be subject to review or challenge, potentially leading to further legal or administrative consequences. The specific penalties for non-compliance are not detailed in the text, but they would likely be determined by the relevant authority or court interpreting the Regulations in the context of the Patents Act 1903-1921.