EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 259
Issued by the Authority of the Minister for Science
The amendment will vary certain of the fees prescribed in Part I of the Second Schedule to the Patents Regulations with effect from 1 October 1985 and, with effect from 1 November 1986, certain of the general fees for international patent applications prescribed in Part II of the Second Schedule. The 1 November 1986 commencement date is to allow sufficient notice of the changes to be given to the World Intellectual Property Organization. Details of the amendment are as follows.
Regulation 1 provides that regulations 2, 3, 4 and 6 will come into operation on 1 October 1986 and that regulation 5 will come into operation on 1 November 1986.
Regulation 2 amends regulation 81B by increasing the non-refundable component of refunded fees for withdrawn applications from $10 to $60.
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 $400 to $430; and
(ii) where the provision of that information entails the conduct of a special search, from a minimum of $30 to a minimum of $35.
Regulation 4 substitutes a revised Part I of the Second Schedule. The items differ from existing items in the level of fees except for items 1, 3(a), 3(b), 6(a), 15(a) and 28 which remain unchanged. Items 13 and 19 are amended to provide for the reduction of the level of fees on
lodging more than one request or application to change the same name, or to make certain entries in the Register of Patents.
Regulation 5 substitutes a revised Part II of the Second Schedule. The amended items differ from the existing items only in the level of fees except for item 6 which remains unchanged.
Regulation 6 is a transitional provision which ensures that the amending regulations do not affect certain continuation and renewal fees paid before the commencement date or the sealing fee for a patent application which was accepted before the commencement date.
Overview
The Statutory Rules 1986 No. 259, issued by the Authority of the Minister for Science, represents amendments to the fees prescribed in the Patents Regulations of 1986. Enacted in 1986, this legislation aims to address the need for adjusting patent application and processing fees in Australia, reflecting changes in the administrative and operational costs associated with patent management. This regulatory update was necessitated by the need to align with international standards and ensure that the fees adequately cover the costs incurred by the patent office while maintaining a balance that supports innovation and industry growth. The policy objective, as outlined in the explanatory statement, is to revise and update the fees to reflect current economic conditions and the complexities involved in processing patent applications.
Scope and Application
The Statutory Rules 1986 No. 259, issued under the authority of the Minister for Science, pertains to amendments in the fees prescribed in the Patents Regulations, effective from 1 October 1985 for domestic applications and 1 November 1986 for international applications. This legislation applies to entities and individuals involved in patent applications, including applicants and patent agents, within the jurisdiction of Australia. The changes encompass a range of fees associated with patent applications, such as the non-refundable component of refunded fees for withdrawn applications, fees for providing information, and general fees for international patent applications. These amendments are designed to align with the administrative and operational costs involved in processing patent applications, as well as to ensure consistency with international standards. The changes to fees outlined in the regulations are intended to reflect the evolving nature of patent processing, including the complexities and costs associated with international searches and special searches. The legislation also includes transitional provisions to ensure that fees paid before the commencement dates are not adversely affected by these changes.
Key Provisions
The key provisions of this legislation are set out in the regulations under the Patents Act 1990 (Cth). Regulation 1 outlines the commencement dates for the various changes, with most changes taking effect on 1 October 1986 and the changes to international patent application fees effective from 1 November 1986. Regulation 2 increases the non-refundable component of refunded fees for withdrawn applications from $10 to $60. Regulation 3 increases the fees for information provided under section 30 of the Act, specifically for international-type searches and special searches. Regulation 4 revises the fees listed in Part I of the Second Schedule, with most fees increasing except for specified unchanged items. Regulation 5 revises the fees in Part II of the Second Schedule, again with most fees increasing but with one item remaining unchanged. Regulation 6 ensures that certain continuation and renewal fees, as well as sealing fees for patent applications accepted before the commencement date, are not affected by the new fees.
The obligations and requirements imposed by these regulations primarily concern applicants for patents and those providing information under section 30 of the Act. Applicants for patents will need to pay the revised fees as set out in the amended Schedules, which include increased fees for withdrawn applications, information entailing international-type searches, and special searches. Additionally, applicants lodging more than one request or application to change the same name or make certain entries in the Register of Patents will see a reduction in fees under certain conditions. Those providing information under section 30 of the Act must now account for the increased fees for both international-type and special searches. The transitional provisions in Regulation 6 ensure that fees already paid before the commencement dates remain unaffected, maintaining continuity for ongoing applications and processes.
Breach of these fee structures or failure to comply with the updated fee requirements could potentially lead to administrative penalties or disputes regarding the validity of applications. While the explanatory statement does not explicitly detail criminal or civil penalties for non-compliance, it is reasonable to infer that such breaches could result in the non-acceptance of applications, delays in processing, or other administrative consequences. The maximum penalties, if applicable, would likely be determined by the administrative procedures outlined in the Patents Act 1990 (Cth) and could include financial penalties, delays, or other administrative sanctions. However, the specific nature and extent of these penalties are not explicitly stated in the provided document.