EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 93
Issued by the Authority of the Minister for Science; Customs and Small Business
The Statutory Rules vary certain of the fees prescribed in Parts I and II of Schedule 2 to the Patents Regulations with effect from 1 July 1989. Details of the amendment are as follows:
Regulation 1 provides that the regulations will come into operation on 1 July 1989.
Regulation 2 amends regulation 81B by increasing the non-refundable component of refunded fees for withdrawn patent applications from $65 to $70.
Regulation 3 amends regulation 87 by increasing the fees prescribed for the furnishing of information under section 30 of the Act:
(i) where the provision of that information entails an international-type search, from $490 to $530; and
(ii) where the provision of that information entails the conduct of a special search, from a minimum of $40 to a minimum of $45.
Regulation 4 substitutes a revised Part I and Part II of Schedule 2. The revised Part I of the schedule includes new provisions for the reduction of the fee level for supplying at the same time more than one of the same certificate (item 29(b)). A number of minor drafting changes are also incorporated into the revised Parts I and II of the schedule. Otherwise, items differ from existing items in the level of fees except for item 32(a) of Part I of the schedule which remains unchanged.
Regulation 5 is a transitional provision.
Overview
The Statutory Rules 1989 No. 93, issued under the authority of the Minister for Science, Customs and Small Business, amend certain fees prescribed in Parts I and II of Schedule 2 to the Patents Regulations 1991, effective from 1 July 1989. This legislative instrument addresses the need to adjust the financial obligations associated with patent applications and related processes to reflect changes in operational costs and maintain the efficiency of the patent system. The amendments increase the non-refundable component of refunded fees for withdrawn patent applications and adjust the fees for the provision of information, including international and special searches, to better align with the current economic environment and administrative costs. The policy objective underpinning these changes is to ensure that the fees charged for patent-related services remain fair and reflective of the actual costs incurred by the patent office in processing applications and providing necessary information.
Scope and Application
The Statutory Rules 1989 No. 93, issued by the Minister for Science, Customs and Small Business, vary certain fees prescribed in the Patents Regulations under the Patents Act 1990. These amendments are applicable to patent applications and related processes, specifically targeting individuals and entities involved in the patent registration process. The changes primarily affect those who are required to pay fees for the provision of information, searches, and other services related to patent applications. The application of these regulations is confined to the Commonwealth of Australia, with the adjustments taking effect from 1 July 1989. Notably, the fees for withdrawn patent applications and various searches have been increased, while certain minor drafting changes and provisions for fee reductions have also been incorporated. These adjustments are confined to the prescribed fees outlined in the regulations and do not extend to other areas of the Patents Act.
Key Provisions
The main operative sections of the Statutory Rules 1989 No. 93 involve amendments to the fees prescribed in Parts I and II of Schedule 2 to the Patents Regulations (regs 2 to 4). Regulation 1 sets the commencement date for these amendments, 1 July 1989. Regulation 2 increases the non-refundable component of refunded fees for withdrawn patent applications from $65 to $70. Regulation 3 raises the fees for providing certain types of information under section 30 of the Act, specifically increasing the fees for an international-type search from $490 to $530, and for a special search from a minimum of $40 to a minimum of $45. Regulation 4 replaces the existing Parts I and II of Schedule 2 with revised versions, including provisions for reduced fees when more than one certificate of the same type is supplied simultaneously, alongside some minor drafting changes. Regulation 5 addresses transitional arrangements.
The Act imposes several obligations and requirements on the parties and entities it governs. It mandates that the fees for patent-related applications and information be adjusted as specified in the regulations. For example, patent applicants must now account for the increased non-refundable component of $70 when their applications are withdrawn (reg 2). Furthermore, those seeking an international-type search or a special search must now be prepared to pay the higher fees of $530 and a minimum of $45 respectively (reg 3). The Act also requires entities to comply with the revised fee structures outlined in the new Parts I and II of Schedule 2, ensuring that they charge appropriately reduced fees when supplying multiple certificates of the same type at once (reg 4).
Failure to comply with the provisions of this Act may result in various consequences. However, the Explanatory Statement does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of these regulations. In general, non-compliance with legislative requirements in Australia can lead to administrative actions, financial penalties, or legal proceedings depending on the nature and severity of the breach. It is advisable for entities and parties governed by this Act to ensure they adhere strictly to the amended fee structures and any other stipulated requirements to avoid potential repercussions.