Patents Regulations (Amendment)

Legislation au C1963L00052 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1963. No.52.

REGULATIONS UNDER THE PATENTS ACT 1952-1962.*

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 1952-1962.

Dated this Seventh day of June,1963.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Minister of State for the Interior for and on behalf of the Attorney-General.

AMENDMENTS OF THE PATENTS REGULATIONS. †

Parts.

1. Regulation 2 of the Patents Regulations is amended by inserting after the words—

“Part VI.—Postponement of Acceptance (Regulation 22).” the words—

“Part VIA.—Public Inspection of Complete Specification (Regulation 22A).”.

Interpretation.

2. Regulation 4 of the Patents Regulations is amended by omitting from sub-regulation (1.) the definition of “the Act” and inserting in its stead the following definition:—

“ ‘the Act’ means the Patents Act 1952-1962.”.

Statement of proposed amendments under section 49 of the Act.

3. Regulation 17 of the Patents Regulations is repealed and the following regulations are inserted in its stead:—

“17.—(1.) A statement of proposed amendments lodged under section 49 of the Act shall set out each proposed amendment and the place at which the amendment is proposed to be made.

“(2.) The proposed amendments shall be numbered consecutively and, if more than one statement is lodged, the numbers of the proposed amendments in a subsequent statement shall be consecutive with the numbers in the previous statement.

* Notified in the Commonwealth Gazette on 20th June, 1963.

† Statutory Rules 1962, No. 2.

1060/63.—PRICE 3D. 9/17.5.1963.


“(3.) A proposed amendment that is or includes an alteration of a drawing shall contain a sketch of the part of the drawing that is to be altered showing the proposed alterations in red ink.

“(4.) A proposed amendment may, and shall if the Commissioner so requires, propose the substitution of a new sheet for an existing sheet.

Amendments under section 49 of the Patents Act 1952-1960.

“17A.—(1.) An amendment made under section 49 of the Patents Act 1952-1960 by virtue of the operation of section 28 of the Patents Act 1962 shall be made by the applicant lodging a statement setting out each alteration and the place at which the alteration is to be made.

“(2.) The alterations shall be numbered consecutively and, if more than one statement is lodged, the numbers of the alterations in a subsequent statement shall be consecutive with the numbers in the previous statement.

“(3.) An amendment that is or includes an alteration of a drawing shall be made by lodging with the statement a sketch of the part of the drawing that is to be altered showing the alteration in red ink.

“(4.) An amendment may, and shall if the Commissioner so requires, be made by the substitution of a new sheet for an existing sheet.”.

Order of examination.

4. Regulation 19 of the Patents Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—

“(1A.) Where a person who has made an application for a patent (in this sub-regulation referred to as ‘the original application’) makes a separate application by virtue of sub-section (1.) of section 49A of the Act or a further application by virtue of sub-section (1.) of section 51 of the Act, the separate or further application and the complete specification accompanying it shall be examined—

(a) if the original application has not been examined—at the same time as the original application is examined; or

(b) in any other case—as soon as practicable after the separate or further application is lodged.”.

Request that complete specification be opened to public inspection.

5. After Part VI. of the Patents Regulations the following Part is inserted:—

“PART VIA.—PUBLIC INSPECTION OF COMPLETE SPECIFICATION.

“22A. A request under sub-section (1.) of section 54A of the Act shall be in accordance with Form 13A.”.

Request for leave to amend specification.

6. Regulation 34 of the Patents Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) The person making the request shall furnish to the Commissioner a statement setting out each proposed amendment and the place at which the amendment is proposed to be made.

“(3.) The proposed amendments shall be numbered consecutively.


“(4.) A proposed amendment that is or includes an alteration of a drawing shall contain a sketch of the part of the drawing that is to be altered showing the proposed alterations in red ink.

“(5.) A proposed amendment may, and shall if the Commissioner so requires, propose the substitution of a new sheet for an existing sheet.”.

Amendment of request.

7. Regulation 35 of the Patents Regulations is amended by omitting the words “a copy of the documents amended as provided by sub-regulation (2.) of the last preceding regulation” and inserting in their stead the words “a statement setting out each amendment of the request”.

First Schedule.

8. The First Schedule to the Patents Regulations is amended by inserting in Forms 1, 2, 4 and 5, after the words—

“My address for service is .”

the words—

“(To be included where the application is made by virtue of sub-section (1.) of section 49A.)

This application is a separate application made by virtue of sub-section (1.) of section 49A of the Patents Act 1952-19              in respect of an invention disclosed in the complete specification lodged in respect of Application No.

(To be included where the application is made by virtue of sub-section (1.) of section 51.)

This application is a further application made by virtue of sub-section (1.) of section 51 of the Patents Act 1952-19              in respect of an invention disclosed in the

Provisional

specification lodged in respect of Application No.

.”.

complete

First Schedule.

9. The First Schedule to the Patents Regulations is amended by inserting after Form 13 the following Form:—

Form 13A. Regulation 22A.

Commonwealth of Australia.

Patents Act 1952-19 .

REQUEST FOR PUBLICATION OF NOTIFICATION THAT COMPLETE SPECIFICATION IS OPEN TO PUBLIC INSPECTION.

I,

,of

,

the applicant for the patent applied for on Application No.

, hereby request

that you

forthwith

forthwith after the expiration of the period of three months after the complete

 

specification relating to that application was lodged

publish in the Official Journal a notification that the complete specification is open to public inspection.

Dated this day of ,19

(Signature).

To:

The Commissioner of Patents.


First Schedule.

10. The First Schedule to the Patents Regulations is amended by omitting Form 22 and inserting in its stead the following Form:—

FORM 22. Regulation 34.

Commonwealth of Australia.

Patents Act 1952-19 .

REQUEST TO AMEND A COMPLETE SPECIFICATION.

I,

,of

, seek leave to amend

the complete specification

relating to Application

No.

. The

of Patent

nature of the proposed amendments is as shown in the statement furnished herewith. The reasons for the proposed amendments are as follows:—

(To be completed where the request is made by the patentee.)

I declare that no action for infringement or proceeding for revocation or proceeding in which the validity of the patent or of a claim of the complete specification is disputed is pending.

Dated this day of , 19 .

(Signature.)

(To be completed in cases to which, sub-section (3.) of section 77 of the Act applies.)

I,

, of

, being entered

on the Register as

exclusive licensee

of Patent No.

hereby consent to this amendment.

mortgagee

Dated this day of , 19 

(Signature.)

To:

The Commissioner of Patents.

Second Schedule.

11. The Second Schedule to the Patents Regulations is amended—

(a) by omitting item 4 and inserting in its stead the following items:—

“4

On lodging a statement of proposed amendments under section 49 or an amendment of such a statement—for each statement or amendment of a statement              

1

0

0

“4A

On lodging amendments made under section 49 of the Patents Act 1952-1960 by virtue of the operation of section 28 of the Patents Act 1962, on each occasion on which amendments are made              

1

0

0”;

and

(b) by inserting after item 8 the following item:—

“8A

On lodging a request under sub-section (1.) of section 54A for publication of a notification that a complete specification is open to public inspection              

3

0

0”.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Patents Regulations 1963 were enacted to amend and provide further regulations under the Patents Act 1952-1962. This legislative instrument was introduced to address procedural aspects related to patent applications, including the amendment of patent specifications, the examination of patent applications, and the public inspection of complete specifications. The Regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council. The overarching policy objective is to streamline the patent application process, ensuring clarity and precision in the amendments and inspections of patent specifications, thereby facilitating the effective administration of the Patents Act.

Scope and Application

The Statutory Rules 1963 No. 52, made under the Patents Act 1952-1962, introduce amendments to the Patents Regulations primarily to refine the procedures for amending patent applications and the public inspection of complete specifications. The Regulations apply to entities and individuals seeking to patent inventions in Australia, as well as to the Commissioner of Patents who is responsible for overseeing the patent application process. The amendments encompass changes to the format and content of statements of proposed amendments, requests for public inspection of complete specifications, and requests to amend a complete specification. These Regulations extend the existing framework by introducing new forms and specifying the fees associated with lodging various types of requests and statements. The jurisdictional reach of these Regulations is national, applying across the Commonwealth of Australia, thereby impacting patent applicants and holders nationwide. While the Regulations themselves do not specify exclusions or exemptions, it is understood that they operate within the broader context of the Patents Act 1952-1962, which includes certain exclusions based on the nature of the invention or the applicant's eligibility. The application and interpretation of these Regulations may also be extended or restricted through subordinate instruments issued under the authority of the Patents Act.

Key Provisions

The Regulations under the Patents Act 1952-1962, specifically Statutory Rules 1963 No. 52, introduce several amendments to the existing Patents Regulations. These amendments focus on the procedures for making amendments to patent applications, the public inspection of complete specifications, and the fees associated with these processes. Regulation 2 introduces a new Part VIA concerning the public inspection of complete specifications, while Regulation 4 updates the definition of "the Act" to refer specifically to the Patents Act 1952-1962. Regulation 17 details the requirements for statements of proposed amendments, ensuring they are numbered consecutively and may include sketches of altered drawings in red ink. Regulation 17A outlines the process for amendments made under section 49 of the Patents Act 1952-1960 by virtue of section 28 of the Patents Act 1962, similarly requiring consecutive numbering and potentially including sketches of altered drawings. These Regulations impose specific obligations on applicants and patentees. For instance, applicants must lodge a statement of proposed amendments with each alteration numbered consecutively, and if an amendment includes an alteration of a drawing, a sketch of the altered part must be provided in red ink. Additionally, if the Commissioner requires, applicants may need to substitute a new sheet for an existing one. Regulation 19 mandates that separate or further applications be examined either simultaneously with the original application if it has not been examined or as soon as practicable after the new application is lodged. Regulation 34 requires applicants seeking to amend a complete specification to submit a detailed statement of each proposed amendment and its location, with similar sketch requirements for drawing alterations. Regulation 35 necessitates that any amendment to a request be detailed in a statement to the Commissioner. Breach of these Regulations can result in various consequences. Regulation 4A and Regulation 8A impose fees for lodging statements of proposed amendments and requests for public inspection of complete specifications, with fees set at 100 and 300 respectively. Non-compliance with the specific procedural requirements, such as failing to number amendments consecutively or provide required sketches, could potentially lead to the rejection of the application or amendment, delaying the patent process. While the Regulations do not explicitly detail criminal or civil penalties for non-compliance, failure to adhere to these requirements could indirectly result in significant delays or denials, impacting the applicant's ability to secure patent protection.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.