STATUTORY RUBES,
1934. No. 39.
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REGULATIONS UNDER THE PATENTS ACT 1903‑1933.
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 1903‑1933.
Dated this twenty‑eighth day of March, 1934.
ISAAC A. ISAACS
Governor‑General.
By His Excellency’s Command,
A. J. McLACHLAN
Acting Attorney‑General.
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Amendment of Patents Regulations, 1912.
(Statutory Rules 1912, No. 76, as amended to this date.)
1. Regulation 14 of the Patents Regulations, 1912 is amended—
(a) by omitting sub‑regulation (1) and inserting in its stead the following sub‑regulation:—
“(1) Every complete specification must be accepted within twelve months from the date of application, or within such extended period as the Commissioner, in pursuance of any power conferred otherwise than by this regulation, allows or has allowed, or within such extended period or further extended period (as the case may be), not exceeding three months, as the Commissioner, on application and on payment of the prescribed fee, allows.”; and
(b) by omitting from paragraph (c) of sub‑regulation (2) the words “the period of fifteen months from the date of application” and inserting in their stead the words “such extended period or further extended period as the Commissioner, in pursuance of any power conferred otherwise than by this paragraph, allows or has allowed.”.
2. The last preceding regulation shall be deemed to have come into operation on the ninth day of March, One thousand nine hundred and thirty‑three.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1932.—Price 3d.
Overview
The Statutory Rules, 1934, No. 39, titled "Regulations under the Patents Act 1903-1933," were enacted by the Governor-General of Australia, Isaac Isaacs, on the advice of the Federal Executive Council. These regulations were introduced to amend the existing Patents Regulations of 1912, specifically addressing the timeframe for the acceptance of complete specifications for patent applications. The primary objective was to provide more flexibility to applicants by allowing extensions beyond the standard twelve-month period for specification acceptance, subject to certain conditions and fees. The amendments were designed to streamline the patent application process and improve the efficiency of the patent system in Australia.
These regulations were made under the authority of the Patents Act 1903-1933 and came into operation on 9 March 1934. They were issued by L. F. Johnston, the Commonwealth Government Printer in Canberra, and reflect the intent to enhance the administration of patent law in the country by offering more adaptable processing timelines for patent applications.
Scope and Application
The Statutory Rules, 1934, No. 39, made under the Patents Act 1903-1933, pertain to the amendments of the Patents Regulations, 1912, primarily affecting the timeframe for the acceptance of complete specifications. These Regulations apply to applicants for patents in Australia, affecting both natural and artificial persons as well as entities seeking patent protection. The regulations set a twelve-month acceptance period from the date of application, which can be extended by the Commissioner, on application and payment of a prescribed fee, to a maximum of three additional months. This extension period can further be extended under powers conferred by the Act, offering flexibility in meeting patent application requirements. The Regulations extend nationally across Australia, aligning with the overarching Patents Act 1903-1933. The Regulations came into effect on the ninth day of March, 1933, ensuring that any applications made after this date are subject to the new timeframes.
Key Provisions
The main operative sections of these Regulations (Regulation 14) pertain to the acceptance of complete specifications for patent applications. According to Regulation 14(1), every complete specification must be accepted within twelve months from the date of application. This period can be extended by the Commissioner, up to a maximum of three months, upon an application and payment of the prescribed fee. Regulation 14(2)(c) further clarifies that the period for acceptance can be extended to any period allowed by the Commissioner, replacing the previous fixed period of fifteen months from the date of application.
These Regulations impose obligations on applicants for patents to submit their complete specifications within the stipulated time frames and to make any necessary applications for extensions if they require more time. The Commissioner, who is responsible for overseeing the patent application process, has the authority to grant extensions but requires formal application and payment of a fee for such extensions. This process ensures that patent applications are processed within a reasonable timeframe while allowing for flexibility in cases where additional time is needed.
Breach of the provisions regarding the acceptance period for complete specifications can lead to various consequences. If a complete specification is not submitted within the allowed period, the patent application may be deemed abandoned, and the applicant would lose their rights to the patent. Additionally, failure to adhere to the requirements for extensions, such as not making the application or not paying the prescribed fee, could result in the application not being considered further. These consequences highlight the importance of compliance with the specified timelines and procedures.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breach of the Regulations. However, the consequences of not adhering to the specified periods for acceptance and extensions, as outlined in the Regulations, are primarily administrative in nature, such as the abandonment of the patent application. The text does not provide information on maximum penalties, suggesting that the primary focus is on procedural compliance rather than punitive measures.