STATUTORY RULES.
1916. No. 161.
________
REGULATION UNDER THE WAR PRECAUTIONS ACT 1914-1916.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Precautions Act 1914-1916 to come into operation forthwith.
Dated this twenty-sixth day of July, 1916.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. pearce,
Minister of State for Defence.
_____________
War Precautions (Patents) Regulations 1916.
(Statutory Rules 1916, No. 140.)
Regulation 4 of the War Precautions (Patents) Regulations is amended—
(a) by omitting sub-regulation (1) thereof and inserting the following sub-regulation in its stead:—
“No person in the Commonwealth or in a territory of the Commonwealth in which the Patents Act 1903-1909 is in force, shall apply, either on his own behalf or on behalf of any other person, for a patent in any country outside the Commonwealth unless he—
(a) has lodged at the Patent Office, at least thirty days before posting his application or any instructions with regard thereto, a notice of his intention so to apply, together with a Specification describing the nature of the invention, or
(b) having lodged a notice of intention so to apply and a Specification describing the nature of his invention, he has received from the Commissioner of Patents a notification in writing that the Patents Inquiry Board has determined that the publication of the invention would not be detrimental to the public safety or the defence of the Commonwealth, or would not otherwise assist the enemy or endanger the successful prosecution of the war:
Provided that any person who more than six months before the date of the making of these Regulations applied for a patent for an invention may, with the consent in writing of the Attorney-General, apply under International or Intercolonial arrangements for a patent for that invention in any country outside the Commonwealth.”; and
(b) by omitting from sub-regulation (2) thereof the word “Provisional.”
_______________________________
Printed and Published for the Government of the Commonwealth of Australia by Albert J. mullett, Government Printer for the State of Victoria.
C.9693.—Price 3d.
Overview
The War Precautions (Patents) Regulations 1916, enacted under the War Precautions Act 1914-1916, were introduced to address the national security concerns during the First World War by regulating the application for patents outside Australia. The Governor-General, in accordance with the advice of the Federal Executive Council, established these regulations to ensure that the disclosure of potentially sensitive inventions to foreign entities did not compromise the public safety or the defence of the Commonwealth. The policy objective was to prevent the dissemination of information that could aid the enemy or endanger the successful prosecution of the war, while still allowing for the protection of inventions under specific circumstances with the approval of the Attorney-General. This regulation required inventors to notify the Commissioner of Patents of their intention to apply for a patent overseas and to provide a detailed specification of their invention, subject to a determination by the Patents Inquiry Board.
Scope and Application
The War Precautions (Patents) Regulations 1916, made under the War Precautions Act 1914-1916, govern the application for patents for inventions by individuals or entities within the Commonwealth of Australia or in a territory where the Patents Act 1903-1909 is in force. The regulation aims to ensure that the application of these patents does not compromise national security or the war efforts of the Commonwealth. Any person intending to apply for a patent in a country outside the Commonwealth must lodge a notice of intention with a detailed specification of the invention at the Patent Office at least thirty days prior to submitting the application. Additionally, the applicant must receive written confirmation from the Commissioner of Patents that the Patents Inquiry Board has determined the publication of the invention would not be detrimental to public safety, defence of the Commonwealth, or beneficial to the enemy. However, exceptions are made for those who applied for a patent more than six months prior to the regulation's enactment, provided they obtain written consent from the Attorney-General and adhere to international or intercolonial arrangements.
Key Provisions
The primary operative sections of these Regulations pertain to the application for patents outside of the Commonwealth during the war period. Specifically, Regulation 4 sets out the requirements for individuals or entities wishing to apply for a patent abroad. According to sub-regulation (1), any person within Australia or its territories must lodge a notice of intention to apply for a patent in a foreign country, along with a specification detailing the nature of the invention, at the Patent Office at least thirty days prior to submitting their application overseas. Alternatively, if a notice of intention and specification have already been lodged, the applicant must obtain a written notification from the Commissioner of Patents stating that the Patents Inquiry Board has determined that the publication of the invention would not be detrimental to public safety, defence, or the war effort. There is an exception for those who applied for a patent more than six months before the Regulations came into effect, allowing them to seek a patent abroad with the written consent of the Attorney-General, provided they do so under international or intercolonial arrangements.
The obligations imposed by these Regulations are designed to ensure that patent applications do not compromise national security or aid the enemy. Any person or entity seeking to apply for a patent outside the Commonwealth must comply with the notification and specification requirements outlined in Regulation 4. They must either lodge a notice of intention and specification at the Patent Office or obtain a written notification from the Commissioner of Patents. This process ensures that the Patents Inquiry Board can assess the potential impact of publishing the invention on public safety, defence, and the war effort. For those who applied for a patent before the Regulations were made, obtaining the Attorney-General's written consent is an additional requirement.
Failure to comply with these Regulations can result in significant legal consequences. Although the specific penalties are not detailed within the text of these Regulations, breaches of similar wartime legislation typically result in criminal penalties. Such penalties might include fines or imprisonment, reflecting the seriousness with which the government treats violations of national security during wartime. The precise penalties would be determined by the relevant courts, taking into account the nature and severity of the breach.