EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 435
Issued by the Authority of the Minister for Science and Technology
The purpose of the amendments is to vary certain procedures prescribed by the Patents Regulations for handling international patent applications made under the provisions of the Patent Cooperation Treaty (PCT), with effect from 1 January 1985. These amendments reflect changes to the PCT and Regulations under the PCT made by the Assembly of the PCT Union in 1984 to come into operation on 1 January 1985. Two minor technical amendments to the Patents Regulations are also being made. Details of the proposed amendments are set out below.
Regulation 1 sets a date of commencement of 1 January 1985.
Regulation 2 amends sub-regulation 5(5A) and 5(7) to correct certain references to items of Part I of the Second Schedule.
Regulation 3 amends regulation 5A by increasing the time for lodgment of documents referred to in sub-section 143(3) or 143(4) of the Patents Act, without the payment of a fee, from 29 to 34 months.
Regulation 4 amends regulation 15A by increasing the time specified in paragraph (1)(a) from 26 to 31 months.
Regulation 5 inserts a new regulation 19KA which varies the operation of section 47D of the Act by increasing the time for which the Commissioner may extend the time for payment of a continuation fee from 6 to 9 months.
Regulation 6 amends regulation 19M by increasing the time in which certain documents may be lodged under section 143 of the Act from 26 to 31 months.
Regulation 7 inserts a new regulation 19MA which varies the operation of sub-section 160(1) of the Patents Act in relation to international applications. This has the effect of empowering the Commissioner to extend the time for an applicant to do an act or take a step which has not been done or taken by reason of an error or omission on the part of an officer or person employed in the receiving Office or International Bureau, both of which handle international applications made under the provisions of the PCT.
Regulation 8 replaces the present Part III of the Second Schedule to the Regulations with a new set of fees payable for the benefit of the International Bureau in accordance with amendments made by the Assembly.
Regulation 9 amends clause 5 of Part II of the Third Schedule to the Regulations by altering the margin widths required for patent specifications.
In order to observe our obligations as a member nation of the PCT Union, Australian patent legislation is required to contain no more onerous provisions in relation to international applications than those which are contained in the Treaty.
Amendments made to Article 39(1)(a) of the Treaty by the Assembly of the PCT Union in January 1984, and changes to the fee scales which the Assembly adopted in September 1984, become effective from 1 January 1985. Hence, the Patents Regulations and Schedules require amendment to reflect these changes.