STATUTORY RULES.
1917. NO. 22.
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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 seventh day of February, 1917.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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War Precautions (Patents) Regulations 1916.
(Statutory Rules 1916, No. 140, as amended by Statutory Rules 1916, No. 161.)
Regulation 4 of the War Precautions (Patents) , Regulations is amended:—
(a) by omitting sub-regulation (1) thereof and inserting in its stead the following sub-regulation:—
“(1) 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 and Drawings (if any) describing the nature of the invention, or
(b) having lodged a notice of intention so to apply and a Specification and Drawings (if any) describing the nature of his invention, he has received from the Commissioner of Patents a notification in writing that he or the Patents Inquiry Board, (as the case may be) has
C.1607.––Price 3d.
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 sub-regulation (2) thereof and inserting in its stead the following sub-regulations: —
“(2) If, on the receipt of any notice, Specification and Drawings (if any) forwarded in pursuance of the last preceding sub-regulation, the Commissioner of Patents is of opinion that the invention referred to therein is obviously not likely to be detrimental to the public safety or the defence of the Commonwealth or otherwise to assist the enemy or endanger the successful prosecution of the war, he shall notify the applicant accordingly.
“(2a) Subject to the last preceding sub-regulation, the Commissioner of Patents shall refer every such notice of intention to apply for a patent and the accompanying Specification and Drawings (if any) to the Patents Inquiry Board.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The War Precautions (Patents) Regulations 1916, introduced by the Governor-General under the War Precautions Act 1914–1916, was enacted to address the potential security risks associated with patent applications during the First World War. The regulations aimed to prevent the dissemination of sensitive technological information that could be exploited by enemy forces, thereby safeguarding public safety and the defence of the Commonwealth. The policy objective, as stated, was to ensure that the publication of inventions would not be detrimental to the war effort. The Regulations required individuals to notify the Commissioner of Patents of their intention to apply for a patent outside Australia, along with a specification and drawings, and receive clearance if deemed necessary by the Patents Inquiry Board.
The regulations further mandated that if the Commissioner of Patents deemed the invention not likely to be detrimental, they must notify the applicant. If uncertain, the Commissioner was required to refer the application to the Patents Inquiry Board for assessment. This legislative measure reflects the Commonwealth Government's commitment to national security during a period of global conflict.
Scope and Application
The War Precautions (Patents) Regulations 1916, as amended, apply to all persons within the Commonwealth of Australia and any territories where the Patents Act 1903–1909 is in force. These regulations mandate that any individual or entity intending to apply for a patent in a country outside the Commonwealth must first lodge a notice of their intention along with a specification and any accompanying drawings at the Patent Office at least thirty days before submitting their application abroad. This requirement ensures that the nature of the invention is disclosed to the Commissioner of Patents, who will assess whether the publication of the invention could be detrimental to public safety, defence of the Commonwealth, or could assist the enemy or endanger the successful prosecution of the war. If the Commissioner deems the invention not likely to be detrimental, they will notify the applicant accordingly. The Commissioner is also obligated to refer all notices of intention and accompanying specifications and drawings to the Patents Inquiry Board for further evaluation. The regulations provide an exception for individuals who applied for a patent more than six months prior to the regulations coming into effect, allowing them to apply for patents abroad with the written consent of the Attorney-General under international or intercolonial arrangements.
Key Provisions
The War Precautions (Patents) Regulations 1916, specifically Regulation 4, establish stringent controls over the application for patents in countries outside the Commonwealth. Section (1) requires any individual within Australia or its territories to notify the Patent Office of their intention to apply for a patent overseas. This notification must include a detailed specification and any relevant drawings of the invention. Furthermore, the individual must either have lodged this information with the Patent Office at least thirty days before submitting the application overseas or have received a written notification from the Commissioner of Patents or the Patents Inquiry Board confirming that the publication of the invention would not harm national security or aid the enemy. There is an exception for individuals who applied for a patent more than six months before these Regulations took effect; they may apply for an overseas patent with the written consent of the Attorney-General, provided it is under international or intercolonial arrangements.
These Regulations impose specific obligations on applicants for overseas patents. Firstly, they must submit a detailed notice of their intention to apply, along with the invention's specification and drawings, to the Patent Office. The Commissioner of Patents or the Patents Inquiry Board will then assess whether the publication of the invention would be detrimental to public safety or national defence. If the Commissioner deems the invention safe, they must notify the applicant. Conversely, if there is any doubt, the matter is referred to the Patents Inquiry Board for further examination. These steps ensure that potentially sensitive technological developments are evaluated before they are disclosed outside the Commonwealth.
Breaches of these Regulations could result in significant legal consequences. The primary risk lies in the unauthorised disclosure of inventions that might compromise national security or aid the enemy. While the Regulations do not explicitly detail the penalties for non-compliance, under the overarching War Precautions Act 1914–1916, unauthorised actions that endanger national security can attract severe penalties, including fines and imprisonment. The exact penalties would be determined by the courts based on the specific circumstances of the breach, but they underscore the gravity of ensuring that sensitive information does not fall into the wrong hands during wartime.