Patents Regulations (Amendment)

Legislation au C1969L00212 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1969 No.

________

 

REGULATIONS UNDER THE PATENTS ACT 1952-1969.*

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 1952-1969.

Dated this twenty-seventh day of December, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

 

Sgd. T.E.F. HUGHES.

Attorney-General.

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Amendments of Statutory Rules 1969, No. 151

Fees.

1. Regulation 3 of Statutory Rules 1969, No. 151 is amended by omitting paragraph (e) and inserting in its stead the following paragraph:—

“(e) by omitting from sub-regulation (5a.) the figures and word ‘6 or 7’ and inserting in their stead the figures and word ‘13 or 15’;”.

Opponent’s evidence in support.

2. Regulation 15 of Statutory Rules 1969, No. 151 is amended by omitting from paragraph (c) of sub-regulation (1.) the words “‘one month’” and inserting in their stead the words “‘two months’”.

Applicant’s evidence in answer.

3. Regulation 16 of Statutory Rules 1969, No. 151 is amended—

(a) by omitting from sub-regulation (i.) of the regulation 56 that is to be inserted in the Patents Regulations the words “one month” and inserting in their stead the words “two months”; and

(b) by omitting from sub-regulation (2.) of that regulation 56 the words “one month” (wherever occurring) and inserting in their stead the words “two months”.

Opponent’s evidence in reply.

4. Regulation 17 of Statutory Rules 1969, No. 151 is amended by omitting from paragraph (b) the words “‘one month’” and inserting in their stead the words “‘two months’”.

Second and Third Schedules.

5.—(1.) Regulation 28 of Statutory Rules 1969, No. 151 is amended by omitting items 2 and 3 of the Second Schedule that is to be inserted in the Patents Regulations and inserting in their stead the following items:—

“2

On lodging application for a patent accompanied by a complete specification 

20.00

 

and, if the number of sheets comprising the complete specification, including any drawings contained in the specification, exceeds ten, for each sheet in excess of ten             

1.00

 

and, if the number of claims exceeds ten, for each claim in excess of ten 

2.00

* Notified in the Commonwealth Gazette on                                     19    .

26312/69—Price 5c    12/11.12.1969


3

On lodging complete specification after the lodgment of an application and provisional specification             

16.00

 

and, if the number of sheets comprising the complete specification, including any drawings contained in the specification, exceeds ten, for each sheet in excess of ten             

1.00

 

and, if the number of claims exceeds ten, for each claim in excess of ten 

2.00”.

(2.) Regulation 28 of Statutory Rules 1969, No. 151 is amended by omitting item 20 of the Second Schedule that is to be inserted in the Patents Regulations and inserting in its stead the following item:—

“20

For sealing a patent—

15.00

 

(a) if the application for the patent is an application in respect of which a copy of the first report of the Examiner on the complete specification was sent to the applicant before the date fixed under sub-section (2.) of section 2 of the Patents Act 1969             

 

(b) in any other case................................

30.00”.

(3.) Regulation 28 of Statutory Rules 1969, No, 151 is amended—

(a) by omitting paragraph 1 of Part II. of the Third Schedule that is to be inserted in the Patents Regulations and inserting in its stead the following paragraph:—

“1. Except with the permission of the Commissioner, the specification shall be—

(a) typewritten; or

(b) reproduced by another process approved by the Commissioner,

in the English language and on tough white paper of good quality.”;

(b) by omitting from paragraph 3 of that Part II. the words “sheets of the”;

(c) by omitting from paragraph 4 of that Part II. the word “typewritten” and inserting in its stead the words “set out”;

(d) by omitting paragraph 7 of that Part II. and inserting in its stead the following paragraph;—

“7.—(1.) The contents of the specification shall be typewritten or otherwise reproduced on one side of the paper only.

“(2.) Except with the permission of the Commissioner, the specification shall be typewritten or otherwise reproduced—

(a) in sharp black characters suitable for reproduction by photographic means; and

(b) either in letters not smaller than pica type face, with double spacing between lines, or in some other form approved by the Commissioner.”;

and

(e) by omitting from paragraph 8 of that Part II. the word “pages” and inserting in its stead the word “sheets”.

(4.) Regulation 28 of Statutory Rules 1969, No. 151 is amended by omitting from paragraph 6 of Part III. of the Third Schedule that is to be inserted in the Patents Regulations the words “sheets of”.

 

 

 

 

 

 

 

 

 

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Printed for the Government of the Commonwealth by W. G. Murray at the
Government Printing Office, Canberra

Overview

The Patents Regulations 1969 were enacted to provide detailed guidelines and administrative procedures under the Patents Act 1952-1969. These regulations were introduced by the Australian Government through the Governor-General, acting on advice from the Federal Executive Council, to fill specific gaps in the operational aspects of patent applications and processes as outlined in the principal Act. The regulations address the need for a structured and uniform approach to the administrative requirements of patent applications, including fee structures, time frames for submissions, and specifications for patent documents. The overarching policy objective of these regulations is to ensure that the patent system in Australia operates efficiently and effectively, facilitating innovation while providing clarity and certainty for applicants and examiners alike.

Scope and Application

The Regulations under the Patents Act 1952-1969 apply to any person or entity seeking to lodge an application for a patent in Australia. These regulations govern the procedural aspects of patent applications, including the fees, timelines, and specifications required for patent applications. The regulations have a national reach, applying across the Commonwealth of Australia, and they are designed to streamline the patent application process while ensuring that applicants provide comprehensive and accurate information. The regulations amend the fees associated with various stages of the patent application process, including the initial application fee, the fee for additional specification sheets and claims, and the fee for sealing a patent. Furthermore, they set specific requirements for the format and content of patent specifications, ensuring that they are typewritten, in English, and on high-quality paper. These regulations do not exclude any particular industries or entities from their application, but rather apply uniformly to all applicants seeking to patent their inventions in Australia. The application and enforcement of these regulations may be further extended or restricted through subordinate instruments issued under the authority of the Patents Act.

Key Provisions

The Regulations under the Patents Act 1952-1969, made by the Governor-General on the advice of the Federal Executive Council, introduce several amendments to the statutory rules governing patent applications and fees. Regulation 3 amends the fee structure for patent applications by adjusting the figures from "6 or 7" to "13 or 15" (Regulation 1). Regulation 15 and Regulation 16 increase the timeframe for responding to an opponent's evidence from one month to two months (Regulations 2 and 3). Regulation 17 also extends the response period for opponent's evidence in reply to two months (Regulation 4). Furthermore, the Second and Third Schedules revise various fees associated with patent applications, including fees for sealing a patent and for the number of sheets and claims exceeding certain thresholds (Regulation 5). These amendments impose specific obligations on applicants and opponents in patent proceedings. Applicants must now submit complete specifications within the extended two-month periods specified in Regulations 2 and 3. The regulations also require that specifications be typewritten or otherwise reproduced in a format approved by the Commissioner, with specific requirements for character size, spacing, and paper quality (Regulation 5(a) and (b)). Additionally, applicants must adhere to the new fee structures outlined in the amended Schedules, which include additional charges for exceeding specified thresholds for sheets and claims (Regulation 5(1) and (2)). Failure to comply with the provisions of these regulations may result in civil or administrative consequences. For instance, not adhering to the specified timeframes for responding to opponent's evidence could lead to penalties or the dismissal of the application. Additionally, failure to pay the correct fees as stipulated in the amended Schedules could result in further financial penalties or the inability to proceed with the patent application. The exact consequences and penalties for non-compliance are not explicitly detailed within the regulations but would be governed by the broader provisions of the Patents Act 1952-1969.

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