STATUTORY RULES
1946. No. 91.
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REGULATIONS UNDER THE PATENTS ACT 1903-1935.*
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 1903-1935.
Dated this twenty-second day of May, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
E. J. HOLLOWAY
for and on behalf of the Attorney-General.
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Amendments of the Patents Regulations, 1912.†
Entry of date of payment of renewal fees.
1. Regulation 121 of the Patent Regulations, 1912 is amended by omitting the words “the issue of a certificate of”.
Notification of payment.
2. Regulation 133 of the Patents Regulations, 1912 is repealed and the following regulation inserted in its stead:—
“133. Upon payment of any renewal fee, the Commissioner shall cause the patentee to be notified that, by virtue of such payment, the rights of the patentee remain in force until the date specified in the notification.”
Second Schedule.
3. The Second Schedule to the Patents Regulations, 1912 is amended by omitting Forms N and O.
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* Notified in the Commonwealth Gazette on 23rd May, 1946
† Statutory Rules 1912, No. 76, as amended by Statutory Rules 1913, No. 310; 1914, No. 66; 1915, No. 267; 1916, Nos. 45 and 162; 1918, No. 142; 1919, Nos. 14, 30 and 280; 1926, No. 137; 1928, Nos. 79 and 139; 1924, No. 115; 1930, No. 148; 1931, Nos. 88 and 147; 1932, Nos. 39 and 69; 1933, Nos. 52, 57 and 90; 1934, Nos. 39 and 134; 1936, Nos. 23, 45, 67 and 99; 1936, No. 80; 1937, Nos. 19, 50 and 101; 1939, No. 1; 1940, No. 198; 1941. Nos. 198 and 246: and 1945. No. 197
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2027.—Price 3d.
Overview
Statutory Rules 1946 No. 91, Regulations Under the Patents Act 1903-1935, was enacted to amend the existing Patents Regulations of 1912, thereby updating the administrative procedures related to patents in Australia. This legislative instrument was introduced to address the need for modernising the regulatory framework governing patent renewals and the notification processes. Made under the authority of the Governor-General, acting on advice from the Federal Executive Council, these regulations aim to streamline the administrative tasks associated with patent maintenance, ensuring clarity and efficiency for patentees. The policy objective is to facilitate the smooth operation of patent administration by clarifying the procedures for fee payment and the corresponding notifications regarding patent rights.
Scope and Application
The Patents Regulations 1946, made under the Patents Act 1903-1935, apply to entities and individuals seeking to renew patents within the Commonwealth of Australia. These regulations are intended to govern the administrative procedures and requirements associated with the renewal of patents, ensuring that they remain in force following the payment of the relevant renewal fees. They do not create new substantive rights or obligations but rather provide a framework for the notification and processing of patent renewals by the Commissioner. The scope of these regulations is limited to the procedural aspects of patent maintenance and does not extend to the substantive aspects of patent law, which are governed by the principal Act. The regulations do not specify any exclusions or exemptions from their application but instead provide a standardised procedure for the renewal process. Any additional or specific requirements or exclusions would be detailed in subordinate instruments or the principal Act itself.
Key Provisions
The Regulations under the Patents Act 1903-1935, introduced in 1946, make several amendments to the existing Patent Regulations from 1912. Regulation 121 is altered to remove the requirement for the issue of a certificate upon payment of certain fees (Regulation 1(1)). Furthermore, Regulation 133 is repealed and replaced with a new provision that mandates the Commissioner to notify the patentee that their rights remain in force until a specified date upon payment of any renewal fee (Regulation 2(1)). This notification requirement ensures that patentees are aware of the duration for which their rights are upheld following fee payment. Additionally, the Second Schedule of the 1912 Regulations is amended by removing Forms N and O, likely to streamline the regulatory process and reduce unnecessary paperwork (Regulation 3).
These amendments impose specific obligations on patentees and the Commissioner. Patentees must ensure that they are aware of the effective duration of their patent rights following the payment of renewal fees. They must also be prepared to receive notifications from the Commissioner regarding the status of their patents. The Commissioner, on the other hand, is obligated to notify patentees promptly after the receipt of renewal fees, ensuring that the patentees are informed of the ongoing validity of their patents. This exchange of information is crucial for maintaining the integrity of the patent system and ensuring that both patentees and the public are aware of the status of patented inventions.
Failure to comply with these regulatory requirements can lead to legal consequences. Although the specific penalties are not detailed in the legislative instrument, breaches of the notification requirements or improper handling of patent fees could potentially result in legal actions. Such actions might include administrative penalties, enforcement actions by the Commissioner, or even legal proceedings in cases of significant non-compliance. The precise nature and extent of penalties would depend on the specific circumstances of the breach and the discretion of the authorities involved. Nevertheless, adherence to these regulations is essential to avoid any adverse legal repercussions.