EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 119
Issued by the Authority of the Minister of State for Industry, Technology and Commerce
The Statutory Rules amends Schedule 2 to the Patents Regulations to prescribe a new fee of $10 for making a request under section 30 of the Patents Act 1952 for a computer printout of information about a patent or a patent application. Minor consequential amendment of fee item 30 is also made. Details of the amendment are as follows:
Schedule 2 to the Patents Regulations is amended by omitting existing fee item 30 and substituting new fee items 30 and 30A.
New fee item 30 prescribes the fee of $45 for lodging a request for information under section 30 of the Act, other than information that entails a search of the kind referred to in subregulation 87(2) or (3), or a request referred to in item 30A, for each application, patent or document.
New fee item 30A prescribes the fee of $10 for making a request for a computer printout of information under section 30 of the Act about a patent or a patent application.
Overview
The Patents Regulations Amendment (Fees) Statutory Rules 1990 No. 119, issued by the Authority of the Minister of State for Industry, Technology and Commerce, was introduced to address the need for updating fees associated with requests for patent-related information. This amendment to Schedule 2 of the Patents Regulations prescribes a new fee structure, setting a $10 fee for requests seeking a computer printout of information about a patent or patent application under section 30 of the Patents Act 1992, thereby clarifying and simplifying the fee process for such requests. Additionally, the amendment adjusts the fee for other types of information requests, setting a $45 fee for requests that do not involve a computer printout or a search of the kind outlined in subregulation 87(2) or (3). The policy objective of these amendments is to ensure that the fee structure remains current and adequately reflects the administrative costs involved in processing such requests.
Scope and Application
The Statutory Rules 1990 No. 119, issued under the authority of the Minister of State for Industry, Technology and Commerce, amend Schedule 2 to the Patents Regulations to introduce a new fee structure concerning requests for patent information. Specifically, the Act applies to entities or individuals making a request under section 30 of the Patents Act 1952 for information about a patent or patent application, setting a fee of $10 for obtaining a computer printout of such information. This amendment introduces a tiered fee system where a higher fee of $45 applies for requests that do not involve a computer printout but may require a search. The changes apply nationally, as the Patents Act 1952 is a Commonwealth Act. The amendments do not explicitly state exclusions, exemptions, or thresholds beyond the specified fees for different types of information requests. The application of the Act is further defined through the subordinate instrument of the Patents Regulations, which are subject to change through additional statutory rules or amendments.
Key Provisions
The Statutory Rules 1990 No. 119 introduce amendments to Schedule 2 of the Patents Regulations, altering the fees associated with certain requests under the Patents Act 1952. Specifically, the amendments pertain to the fees for making requests for information about patents or patent applications (section 30). According to the new fee structure, a fee of $45 is prescribed for a request for information that does not involve a search (new fee item 30). This applies to each application, patent, or document unless the request is for a computer printout, in which case a new fee item 30A sets the fee at $10. This change aims to clarify and streamline the fee structure, making it more explicit for those requesting patent-related information.
The obligations imposed by the Statutory Rules are straightforward, requiring individuals or entities making requests for patent information to adhere to the specified fee structure. Under the new regulations, those seeking a standard information request, which does not involve a search, must pay a fee of $45. In contrast, those requesting a computer printout of patent or patent application information must pay a lower fee of $10, as outlined in fee item 30A. The regulations mandate that the correct fee be paid at the time of making the request, ensuring that the processing of these requests is both efficient and transparent.
The Statutory Rules do not introduce new offences, but they do set clear financial consequences for non-compliance. If an individual or entity fails to pay the correct fee as specified by the new regulations, their request may be deemed incomplete or invalid. This could potentially delay the processing of their request or result in additional administrative steps to rectify the payment. It is important for applicants to ensure they comply with the fee requirements to avoid any such delays or complications. The penalties, while not explicitly stated as maximum penalties, are implicitly tied to the non-payment or underpayment of the correct fees as prescribed by the amended fee items.