STATUTORY RULES.
1910. No. 43.
PROVISIONAL REGULATION UNDER THE PATENTS ACT 1903-1909.
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 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-seventh day of April, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
R. W. BEST,
Minister of State for Trade and Customs.
The Patents Regulations 1909 (Statutory Rules 1909, No. 96) are amended by inserting therein, after regulation 133, the following heading and regulations:—
Extension of Patent under Section 84 of the Act.
133A.—(1) A patentee (hereinafter called the petitioner) intending to apply by petition to the High Court or the Supreme Court for an extension of the term of his patent under section 84 of the Act shall give public notice by advertising three times in the Australian Official Journal of Patents, once in the Commonwealth of Australia Gazette, and once at least in the capital city of each State in a daily newspaper published in that city.
Advertisement of Petition for Extension of Patent.
(2) The petitioner shall state in each advertisement—
(a) an address for service within the Commonwealth;
(b) a time, not being more than three months or less than one month, within which the petition is to be filed, and
(c) whether the petition is to be filed in the High Court or in the Supreme Court, and, if in the former, the name of the registry in which it is to be filed.
C.11431—Price 3d.
Officer to whom Caveat may be Addressed.
133B.—The prescribed officer to whom a caveat against the extension of the term of a patent may be addressed shall be—
(a) in the case of a petition to the High Court, if the petition is or is to be filed in the Principal Registry, the Principal Registrar; and if the petition is or is to be filed in a District Registry, the District Registrar of the Registry in which the petition is or is to be filed; and
(b) in the case of a petition to the Supreme Court, the Prothonotary.
Procedure on Petition.
133c.—Subject to the Act, the proceedings in relation to the petition shall be as directed by Rules of Court, or as the Court or a Justice or Judge thereof in each case directs.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
Overview
The Provisional Regulation under the Patents Act 1903-1909, enacted in 1910, aims to streamline the process for extending the term of a patent by establishing detailed procedures for advertising and lodging a petition with the High Court or Supreme Court. The regulation was introduced as a response to the need for a more formalised and transparent mechanism for patentees seeking an extension of their patents, ensuring public notice and participation in the process. The regulation was enacted by the Governor-General, acting on the advice of the Federal Executive Council, and came into immediate operation due to its urgency. The overarching policy objective is to facilitate orderly and efficient patent term extensions while maintaining public transparency and participation.
Scope and Application
The Patents Regulations 1909, as amended by the Statutory Rules of 1910, govern the procedures for extending the term of a patent under section 84 of the Patents Act 1903-1909. These regulations apply to any patentee, referred to as the petitioner, who intends to apply to the High Court or the Supreme Court for an extension of their patent term. The scope of these regulations includes the requirement for the petitioner to provide public notice by advertising the application for extension in specific publications, including the Australian Official Journal of Patents, the Commonwealth of Australia Gazette, and at least one daily newspaper in the capital city of each state. The regulations further dictate the contents of these advertisements, stipulating details such as the address for service, the timeframe within which the petition must be filed, and the court in which the petition is to be filed. Additionally, the regulations outline the procedure for lodging a caveat against the extension of a patent term and specify the relevant officers to whom such caveats should be addressed, depending on whether the petition is directed to the High Court or the Supreme Court. These provisions are designed to ensure transparency and to provide adequate notice to interested parties during the patent extension process.
Key Provisions
The main operative sections of this Provisional Regulation provide a framework for the extension of patent terms and the procedures to be followed for such extensions. Regulation 133A mandates that a patentee, referred to as the petitioner, intending to apply for an extension of their patent term must give public notice by advertising in specified publications. These advertisements must include details such as an address for service, a specified time frame within which the petition must be filed, and whether the petition will be filed in the High Court or the Supreme Court, with the relevant registry details if applicable. Regulation 133B designates the specific officers who can receive a caveat against the extension of a patent term, depending on whether the petition is directed to the High Court or the Supreme Court. Regulation 133C ensures that the proceedings on the petition will adhere to the Rules of Court or as directed by the Court or a Justice or Judge thereof.
The obligations imposed on the parties by this Regulation include the requirement for patentees to make their intention to seek an extension public by advertising in the Australian Official Journal of Patents, the Commonwealth of Australia Gazette, and in a daily newspaper in each state's capital city. The patentee must provide a service address, a specific time frame for filing the petition, and the court in which the petition will be filed. Additionally, any party opposing the extension of a patent term must direct their caveat to the appropriate officer, which is either the Principal or District Registrar of the High Court or the Prothonotary of the Supreme Court, depending on the circumstances.
Failure to comply with the requirements outlined in this Provisional Regulation may result in various consequences. While the specific penalties for non-compliance are not detailed in the text, it is implied that any breach of the advertising and notification requirements could potentially invalidate the petition for an extension of the patent term. Additionally, any procedural missteps in following the court's directions or failing to adhere to the Rules of Court may result in the dismissal of the petition or other judicial consequences as deemed appropriate by the Court.