STATUTORY RULES.
1933. No. 31.
REGULATIONS UNDER THE PATENTS, TRADE MARKS AND DESIGNS ACT 1932.
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 Trade Marks and Designs Act 1932, to come into operation forthwith.
Dated this sixth day of March, 1933.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
J. G. LATHAM
Attorney-General.
Patents, Trade Marks and Designs (Temporary) Regulations.
Short title.
1. These Regulations may be cited as the Patents, Trade Marks and Designs (Temporary) Regulations.
Extension of time prescribed under Patents Act.
2. Where the Commissioner of Patents is satisfied that, owing to circumstances arising from the removal of the Patent Office from Melbourne to Canberra, any act has not been done or any document has not been filed within the time prescribed by the Patents Act 1903-1932 or by any regulations made thereunder then, notwithstanding that the prescribed time may have expired, the Commissioner may extend, for such period as he thinks fit, the time for doing the act or filing the document:
Provided that this regulation shall not apply to any proceeding under section 84 of the Patents Act 1903-1932.
Extension of time prescribed under Trade Marks Act.
3. Where the Registrar of Trade Marks is satisfied that, owing to circumstances arising from the removal of the Trade Marks Office from Melbourne to Canberra, any act has not been done or any document has not been filed within the time prescribed by the Trade Marks Act 1905-1932 or by any regulations made thereunder then, notwithstanding that the prescribed time may have expired, the Registrar may extend, for such period as he thinks fit, the time for doing the act or filing the document.
Extension of time prescribed under Designs Act.
4. Where the Registrar of Designs is satisfied that, owing to circumstances arising from the removal of the Designs Office from Melbourne to Canberra, any act has not been done or any document has not been filed within the time prescribed by the Designs Act 1906-1932 or by any regulations made thereunder then, notwithstanding that the prescribed time may have expired, the Registrar may extend, for such period as he thinks fit, the time for doing the act or filing the document.
No fee payable.
5. No fee shall be payable in respect of any extension of time granted under these Regulations, or any application for any such extension.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
563.—Price 3d.
Overview
The Patents, Trade Marks and Designs (Temporary) Regulations 1933 were enacted by the Governor-General in Council, under the authority of the Patents, Trade Marks and Designs Act 1932, to address the logistical challenges arising from the relocation of the Patent Office, Trade Marks Office, and Designs Office from Melbourne to Canberra. These temporary regulations aimed to provide flexibility and relief to applicants and registrants who may have been adversely affected by the transitional period and the associated administrative delays. The policy objective was to ensure continuity and fairness in the administration of patents, trademarks, and designs during the period of office relocation, allowing the relevant authorities to extend deadlines where necessary without imposing additional fees on applicants.
The regulations empower the Commissioner of Patents, the Registrar of Trade Marks, and the Registrar of Designs to extend prescribed time limits for filing documents or completing acts, provided that the delays were due to the relocation and not applicable to proceedings under section 84 of the Patents Act 1903-1932. By removing the requirement for fees associated with these extensions, the regulations further alleviated the burden on stakeholders during this transitional phase.
Scope and Application
The Patents, Trade Marks and Designs (Temporary) Regulations, made under the authority of the Patents, Trade Marks and Designs Act 1932, provide for the temporary extension of time limits for various acts and document filings within the scope of the Patents Act 1903-1932, the Trade Marks Act 1905-1932, and the Designs Act 1906-1932. These regulations apply to any act or document filing that has not been completed within the prescribed time due to the relocation of the Patent, Trade Marks, and Designs Offices from Melbourne to Canberra. The Commissioner of Patents, the Registrar of Trade Marks, and the Registrar of Designs are all empowered to extend the time limits for such acts or filings at their discretion, provided the extensions do not pertain to any proceedings under section 84 of the Patents Act 1903-1932. It is notable that no fees are payable for any extensions granted under these regulations or for any applications for such extensions. This legislative instrument serves to mitigate the administrative challenges posed by the relocation of these offices and ensures continuity in the processing of intellectual property applications during the transitional period.
Key Provisions
The main operative sections of the Patents, Trade Marks and Designs (Temporary) Regulations (1933) provide for the extension of time limits for certain actions and filings due to the relocation of patent, trade mark, and design offices from Melbourne to Canberra. Specifically, Regulation 2 allows the Commissioner of Patents to extend the time for doing any act or filing any document under the Patents Act, provided certain conditions are met and excluding proceedings under section 84 of the Patents Act. Similarly, Regulation 3 enables the Registrar of Trade Marks to extend time limits for acts or filings under the Trade Marks Act, while Regulation 4 allows the Registrar of Designs to do the same for the Designs Act. Importantly, Regulation 5 states that no fee is payable for any such extension of time.
These regulations impose obligations on the Commissioner of Patents, the Registrar of Trade Marks, and the Registrar of Designs to assess whether the prescribed time limits for acts or filings have been missed due to the office relocation and to extend these time limits if appropriate. The decision to grant an extension is discretionary, resting solely with the relevant Registrar or Commissioner, provided they are satisfied by the circumstances presented.
Breach of these regulations, if applicable, could lead to procedural deficiencies in patent, trade mark, or design applications and filings. However, the regulations themselves do not explicitly outline specific offences, penalties, or civil or criminal consequences for non-compliance. Instead, the consequences would stem from the failure to meet statutory deadlines within the primary Acts (Patents Act 1903-1932, Trade Marks Act 1905-1932, and Designs Act 1906-1932), which might include the invalidity of applications or loss of rights. The penalties for such failures would be governed by the respective primary Acts, not by these Regulations.