Patents (Temporary) Regulations 1914 (Provisional)

STATUTORY RULES.

1914. No. 174.

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PROVISIONAL REGULATIONS UNDER THE PATENTS ACT 1903–1909, AND THE PATENTS, TRADE MARKS AND DESIGNS ACTS 1914.

I, SIR ARTHUR STANLEY, the duly-appointed Deputy of the Governor-General, in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations 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 Marks and Designs Acts 1914, and make the Regulations to come into operation as from that date as Provisional Regulations.

Dated this third day of December, One thousand nine hundred and fourteen.

By His Excellency’s Command,

A. L. STANLEY,

Deputy of the Governor-General.

W. M. HUGHES,

Attorney-General.

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PATENTS (TEMPORARY) REGULATIONS.

1. These Regulations may be cited as the Patents (Temporary) Regulations 1914.

2. In these Regulations—

“Person” means and includes, in addition to the meaning thereto given by section twenty-two of the Acts Interpretation Act 1901, any Department of the Government of the Commonwealth or of a State.

3. (1) The Minister may, on the application of any person, and subject to such terms and conditions, if any, as he thinks fit, order the avoidance or suspension, in whole or in part, of any patent or licence the person entitled to the benefit of which is a subject of any State at war with the King, and the Minister, before granting any such application, may require to be satisfied on the following heads:—

(a) That the patentee or licensee is a subject of a State at war with the King;

(b) That the person applying intends to manufacture, or cause to be manufactured, the patented article, or to carry on, or cause to be carried on, the patented process; and

(c) That it is in the general interests of the Commonwealth or of a section of the community, or of a trade, that such article should be manufactured or such process carried on as aforesaid.

C.16137.—Price 3d.

(2) The fee to be paid on any such application shall be that specified in the First Schedule to these Regulations.

(3) An application under this Regulation shall be in accordance with the form in the Second Schedule to these Regulations, and shall be filed at the Patent Office.

4. (1) The Minister may, at any time, in his absolute discretion, revoke any avoidance or suspension of any patent or licence ordered by him.

(2) For the purpose of exercising in any case the powers of avoiding or suspending a patent or licence, the Minister may appoint such person or persons as he thinks fit to hold an inquiry.

(3) Any application to the Minister for the avoidance or suspension of any patent or licence may be referred for hearing and inquiry to such person or persons as aforesaid, who shall report thereon to the Minister.

5. Notwithstanding anything in these Regulations contained, the Minister may, at any time, if in his absolute discretion he deems it expedient in the public interest so to do, order the avoidance or suspension in whole or in part of any such patent or licence upon such terms and conditions, if any, as he thinks fit.

6. In any case in which the Minister makes an order in pursuance of the Patents, Trade Marks and Designs Acts 1914 avoiding or suspending a patent in whole or in part, the Minister may, in his discretion, grant in favour of persons, other than the subject of any State at war with the King, licences to make use exercise or vend the patented invention so avoided or suspended upon such terms and conditions, and either for the whole term of the patent or for such less period as the Minister thinks fit.

7. The Minister may, at any time during the continuance of these Regulations, direct the Commissioner of Patents to avoid or suspend any application made under the Patents Act 1903–1909 by a subject of any State at war with the King.

8. The Minister or the Commissioner may, at any time during the continuance of these Regulations, extend the time prescribed by the Patents Act 1903–1909, or any Regulations made thereunder, for doing any act or filing any document, upon such terms and subject to such conditions as he thinks fit, in the following cases, namely:—

(a) Where it is shown to his satisfaction that the applicant or patentee, as the case may be, was prevented from doing the said act or filing the said document by reason of active service or enforced absence from the Commonwealth, or any other circumstances arising from the present state of war, which, in the opinion of the Minister or the Commissioner, would justify such extension;

(b) Where the doing of any act would, by reason of the circumstances arising from the present state of war, be prejudicial or injurious to the rights or interests of any applicant or patentee as aforesaid,

9. (1) All things required or authorized to be done by to or before the Minister, other than the granting of a licence under Regulation six of these Regulations, may be done by to or before any person authorized in that behalf by the Minister.

(2) All documents purporting to be orders made by the Minister and to be sealed with the seal of the Minister or to be signed by any person authorized in that behalf by the Minister, shall be received in evidence and shall be deemed to be such orders without further proof unless the contrary is shown.

(3) A certificate signed by the Minister that any order made or act done is the order or act of the Minister shall be conclusive evidence of the fact so certified.

First Schedule.

 Form Z.

Second Schedule.

The Patents Act 1903–1909, and the Patents, Trade Marks and Designs Acts 1914.

(1) Here insert (in full) name, address, and description or calling of person or persons applying.

(2) Here insert number and year of Patent or particulars of Licence as the case may be.

I/We (1).............................................................

.......................................................................

.......................................................................

.......................................................................

hereby request the Minister to order the avoidance or suspension of the Letters Patent No. (2) of.......................... [or the Licence granted to (2).................................... under Letters Patent No. (2) of.............................]

Dated this  day of

(Signed)

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

C.16137.—Price 3d.