STATUTORY RULES.
1949. No. .
REGULATIONS UNDER THE PATENTS ACT 1903-1946.
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 1903-1946.
Dated this SIXTEENTH
day of JUNE , 1949.
W.J. McKELL
Governor-General.
By His Excellency's Command,
for and on behalf of the Attorney-General.
Amendments of the Patents Regulations, 1912.
Fees
1. Regulation 3 of the Patents Regulations, 1912, is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations :—
" (1.) In addition to the fees set out in the Second: Schedule to the Act, the fees set out in the First Schedule to these Regulations shall be payable in respect of the several matters specified in relation thereto.
(1A.) Fees payable under the Act or these Regulations shall be paid in cash at the Patent Office or, if sent by post, by money order, postal note or bank draft, payable to the Commissioner of Patents.".
* Notified in the Commonwealth Gazette on , 1949.
Statutory Rules 1912, No. 76, as amended by Statutory Rules 1913, No. 310 ; 1914, No. 69 ; 1915, No. 267 ; 1916, Nos. 45 and 162 ; 1918, No. 142 ; 1919, Nos. 14, 30 and 239 ; 1920, No. 137 ; 1923, Nos. 79 and 139 ; 1924, No. 115 ; 1930, No. 148 ; 1931, Nos. 88 and 147 ; 1932, Nos. 30 and 69 ; 1933, Nos. 52, 57 and 90 ; 1934, Nos. 39 and 134 ; 1935, Nos. 23, 45, 67 and 90 ; 1936, No. 89 ; 1937, Nos. 19, 50 and 101 ; 1939, No. 1 ; 1940, No. 198 ; 1941, Nos. 198 and 240; 1945, No. 197 ; 1946, Nos. 91 and 140.
6934.—PRICE 3D. 9/28.4.1949.
2. The First Schedule to the Patents, Regulations, 1912, is amended—
(a) by omitting the following words and figures :—
" Fees set out in the Second Schedule to the Act. | | Corresponding Form. |
| £. | s | d | |
On filing application for patent.......................... | 1 | 0 | 0 | A, A1, A2, A3 A4, A5, A6, A7, A10 |
On acceptance of complete specification ................... | 2 | 0 | 0 | |
For preparation of patent for sealing...................... | 5 | 0 | 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 " |
| | | | |
and inserting in their stead the following words :—
Matters in connexion with Letters Patent in respect of which fees are payable in addition to the matters specified in the Second Schedule to the Act | Fees | Corresponding Form. |
| | | | |
| £ | s | d | ” ; and |
| | | | |
(b) by omitting the footnote to that Schedule.
By Authority : L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules of 1949, specifically No. 76, introduce amendments to the existing Patents Regulations, 1912, under the authority of the Patents Act 1903-1946. Enacted by the Governor-General in Council, the regulations aim to address the need for updating and refining the fee structures associated with patent applications and maintenance, ensuring they align with contemporary administrative practices. This legislative instrument underscores the importance of providing clear and updated guidelines to streamline patent-related processes and maintain the efficiency of the patent system in Australia.
Scope and Application
The Regulations Under the Patents Act 1903-1946 applies to the management and administration of patents within the Commonwealth of Australia, setting out detailed requirements for patent applications, fees, and associated procedures. These regulations affect individuals and entities seeking patent protection in Australia, as well as the broader patent industry. The geographic reach of the Act is limited to the Commonwealth of Australia, and it does not extend to state or territory jurisdictions. The Act's application is primarily concerned with the formal aspects of patent law, including the payment of fees and the submission of required documents. The regulations themselves may be further detailed and modified through subordinate instruments, ensuring they adapt to changing practices and legal interpretations over time. Certain fees and procedural requirements are explicitly stated within the regulations, with the potential for additional amendments through future statutory rules.
Key Provisions
The Regulations under the Patents Act 1903-1946, as amended by Statutory Rules 1949 No. 76, introduce modifications to the fees payable in relation to patent applications and related procedures. Regulation 3(1) outlines that in addition to the fees specified in the Second Schedule to the Act, the fees detailed in the First Schedule to these Regulations must be paid for the specified matters. This includes payments for filing an application for a patent, acceptance of a complete specification, preparation of a patent for sealing, and filing a notice of opposition, among others. Regulation 3(1A) stipulates that these fees must be paid in cash at the Patent Office or by money order, postal note, or bank draft if sent by post, payable to the Commissioner of Patents.
The Regulations impose specific obligations on applicants and patent holders, including the requirement to pay the prescribed fees for various stages of the patent process. For instance, applicants must pay a fee upon filing their application, another upon acceptance of their complete specification, and a fee for the preparation of their patent for sealing. Additionally, if a notice of opposition is filed, an opposition fee must be paid. These fees are essential for processing patent applications and must be met to ensure the application progresses through the necessary stages.
Failure to comply with the fee requirements as outlined in these Regulations can result in consequences. Specifically, if an applicant fails to pay the required fees, their application may not be processed, and in some cases, it may be abandoned. The Regulations do not explicitly state penalties for non-payment, but it can be inferred that the non-payment of fees could prevent the applicant from obtaining a patent. This lack of progression and potential abandonment of the application can have significant legal and financial implications for the applicant.