Statutory Rules 1981 No. 11
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Patents Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Patents Act 1952.
Dated 7 January 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
DAVID THOMSON
Minister of State for Science and Technology
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Fees payable under section 176 of the Act
1. Regulation 5b of the Patents Regulations is amended by omitting paragraph (b) of sub-regulation (1) and substituting the following paragraph:
“(b) the fees specified in Part III of the Second Schedule.”.
Fees prescribed for international applications
2. Regulation 19g of the Patents Regulations is amended by omitting from sub-regulation (1) “set out in the Schedule of Fees at the end of Schedule 2 to the Act, other than the Supplement to the Handling Fee,” and substituting “specified in Part III of the Second Schedule”.
Second Schedule
3. The Second Schedule to the Patents Regulations is amended—
(a) by inserting in the heading to Part II “GENERAL” before “FEES”; and
(b) by adding at the end thereof the following Part:
“PART III—FEES FOR INTERNATIONAL APPLICATIONS PAYABLE FOR THE BENEFIT OF THE INTERNATIONAL BUREAU
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee |
1 | Basic fee under Rule 15.2 (a) of the Treaty— | |
| (a) if the international application contains not more than | 432 Swiss francs |
(b) if the international application contains more than 30 sheets | 432 Swiss francs plus 8 Swiss frances for each sheet in excess of 30 sheets |
2 | Designation fee under Rule 15.2 (a) of the Treaty | 104 Swiss francs |
3 | Handling fee under Rule 57.2 (a) of the Treaty | 133 Swiss francs”. |
NOTES
1. Notified in the Commonwealth of Australia Gazette on 14 January 1981.
2. Statutory Rules 1962 No. 2 as amended by Statutory Rules 1963 No. 52; 1965 No. 102; 1969 No. 151 (as amended by Statutory Rules 1969 No. 212); 1974 Nos. 38 and 262; 1975 No. 201; 1976 No. 236; 1977 No. 177; 1979 No. 93; and 1980 Nos. 68 and 320.
Overview
The Patents Regulations 1981 (Amendment) Statutory Rules 1981 No. 11 were enacted to amend the existing regulations under the Patents Act 1952. This legislative instrument was introduced to address the need for updating the fees payable under the Act, specifically concerning international applications. The enacting body responsible for this amendment was the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of these amendments was to align the fees for international applications with the requirements of the international bureau, ensuring that Australia's patent system remains compliant with international standards and practices.
Scope and Application
The Statutory Rules 1981 No. 11, made under the Patents Act 1952, amend the Patents Regulations 1962 to revise the fees payable under section 176 of the Act and those prescribed for international applications. These regulations apply to entities and individuals seeking patent protection in Australia, thereby impacting the patent industry and related transactions by establishing the financial obligations for the filing and processing of patent applications. The regulations are applicable nationally across the Commonwealth of Australia, ensuring uniformity in patent application fees throughout the country. Notably, these amendments exclude certain fees outlined in the original regulations, replacing them with fees specified in Part III of the Second Schedule, which includes fees for basic applications, designation, and handling as stipulated by international treaties. The Second Schedule details the fees in Swiss francs for international applications submitted to the International Bureau, reflecting the global nature of patent law and the international obligations of Australian applicants.
Key Provisions
The legislative instrument, Statutory Rules 1981 No. 11, amends the Patents Regulations 1962 to adjust the fees payable under sections 176 and 19g of the Patents Act 1952. Specifically, Regulation 5b(b) now refers to the fees outlined in Part III of the Second Schedule, replacing the previous reference to the Schedule of Fees at the end of Schedule 2 to the Act. Similarly, Regulation 19g(1) now references the fees specified in Part III of the Second Schedule, omitting the previous reference to the Supplement to the Handling Fee. These amendments ensure that the fees payable for international applications are now directly referenced from the newly added Part III of the Second Schedule.
The amended Regulations impose specific obligations on parties dealing with patent applications. Firstly, under Regulation 5b(b), applicants must pay the fees specified in Part III of the Second Schedule, which includes the basic fee, designation fee, and handling fee for international applications. Secondly, under Regulation 19g(1), these fees must be paid for international applications submitted to the International Bureau. These obligations ensure that applicants comply with the financial requirements for processing their patent applications under the Patents Act 1952.
Failure to comply with the amended fee provisions can result in various consequences. Although the instrument does not explicitly outline specific offences, penalties, or consequences for non-compliance, it is implied that failure to pay the prescribed fees may lead to the non-processing or rejection of patent applications. Under the Patents Act 1952, non-compliance with payment requirements could result in administrative penalties or legal actions. However, the exact nature and severity of these penalties are not detailed in the legislative instrument itself but would be governed by the broader provisions of the Patents Act.