STATUTORY RULES.
1914. No. 1.
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PROVISIONAL REGULATION UNDER THE PATENTS ACT 1903–1909 AND THE PATENTS TRADE MARKS AND DESIGNS ACTS 1914.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Patents Act 1903–1909, and the Patents, Trade Marks and Designs Acts 1914, should come into operation as from the date of the commencement of the Patents, Trade Mark and Designs Acts 1914, and make the Regulation to come into operation as from that date as a Provisional Regulation.
Dated this 23rd day of December, One thousand nine hundred and fourteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES,
Attorney-General.
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AMENDMENT OF PATENTS (TEMPORARY) REGULATIONS 1914.
Statutory Rules 1914, No. 174.
The Patents (Temporary) Regulations 1914 are amended by adding at the end of Regulation 7 the following sub-regulations:—
“(2) When the Minister has issued to the Commissioner a direction under this Regulation, the Commissioner may require an applicant to furnish evidence, in such form as the Commissioner directs, that he is not a subject of a State at war with the King.
“(3) Where, by reason only of the Commissioner not having been furnished with the requisite evidence within the time prescribed for doing any act or taking any step in relation to an application, the act has not been done or the step taken within the prescribed time, the Commissioner may, if he thinks fit, extend the time prescribed for doing the act or taking the step unless he is satisfied that unnecessary delay has occurred in connexion with the furnishing of the evidence.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.17320.—Price 3d.
Overview
The Statutory Rules 1914, No. 1, issued by the Governor-General in Council, establish the Provisional Regulation under the Patents Act 1903–1909 and the Patents, Trade Marks and Designs Acts 1914. This legislative instrument was enacted due to the urgency of addressing certain administrative processes related to patents amidst the early stages of World War I. The enacting body responsible for these regulations is the Commonwealth Parliament, which sought to ensure that patent applications could be managed efficiently while considering the international context of the war. The policy objective of these regulations is to provide a provisional framework for the administration of patents, trade marks, and designs that can be swiftly adapted to the exigencies of the war, ensuring that national security and economic interests are protected.
The Amendment of Patents (Temporary) Regulations 1914 further elaborates on these provisional measures by allowing the Commissioner to request evidence from applicants to verify their allegiance, particularly in relation to their status as a subject of a state at war with the King. This amendment also empowers the Commissioner to extend deadlines for patent-related actions when applicants fail to provide the requisite evidence in a timely manner, provided that the delay is not deemed unnecessary. These regulations aim to balance the administrative efficiency required during wartime with the need to uphold the integrity of the patent system.
Scope and Application
The Provisional Regulation under the Patents Act 1903–1909 and the Patents, Trade Marks and Designs Acts 1914 applies to applicants for patents within the Commonwealth of Australia, particularly those who may be subjects of states at war with the King. It mandates the provision of evidence to the Commissioner for Patents that the applicant is not a subject of an enemy state, which is critical in the context of the First World War. The geographic reach of this regulation is national, encompassing all applicants within Australia who are seeking patents during this period. The regulation extends the discretion of the Commissioner to require specific evidence and to extend application deadlines if necessary, provided there has been no undue delay. It is important to note that these regulations are provisional and subject to amendment by the Minister, reflecting the urgency and evolving nature of the legislative environment during wartime.
Key Provisions
The main operative sections of the Provisional Regulation under the Patents Act 1903–1909 and the Patents, Trade Marks and Designs Acts 1914 (sections 2 and 3) provide that the Regulation is to come into effect on the same date as the Patents, Trade Mark and Designs Acts 1914 and will operate as a Provisional Regulation until such time as it is repealed or replaced by a permanent legislative instrument. Section 7 of the Amendment of Patents (Temporary) Regulations 1914 is amended by the addition of sub-regulations (2) and (3). Sub-regulation (2) allows the Commissioner to require applicants for patents to provide evidence that they are not subjects of a State at war with the King, upon the issuance of a direction by the Minister. Sub-regulation (3) provides that the Commissioner may extend the time limits for completing certain actions related to patent applications if the applicant has not provided the required evidence within the prescribed time, unless the Commissioner is satisfied that the delay was unnecessary.
The obligations imposed by the Provisional Regulation and the amended sub-regulations are primarily on the Commissioner and applicants for patents. The Commissioner must require applicants to furnish evidence of their allegiance, as directed by the Minister, and must consider extending time limits if the applicant fails to provide the requisite evidence within the prescribed timeframe, unless the Commissioner finds that the delay was unjustified. Applicants must provide the required evidence in the form specified by the Commissioner, and must do so within the time limits set out in the regulations.
Breach of the requirements outlined in the Provisional Regulation and the amended sub-regulations may have civil or criminal consequences. While the specific penalties are not outlined in the text, it is reasonable to infer that failure to comply with the requirements may lead to the rejection of a patent application or other legal consequences. The nature and severity of these consequences would depend on the specific circumstances of the breach and the discretion of the Commissioner or any court or tribunal involved.