War Precautions (Patents) Regulations 1916

Legislation au C1916L00140 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1916. No. 140.

 

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies in Commonwealth of Australia, acting as the Deputy of the Governor-General, in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Precautions Act 1914-1916, to come into operation forthwith.

Dated this twelfth day of July, One thousand nine hundred and sixteen.

A. L. STANLEY,

Deputy of the Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

__________

War Precautions (Patents) Regulations 1916.

Short title and citation.

1. These Regulations may be cited as the War Precautions (Patents) Regulations 1916.

Establishment of Patents Inquiry Board.

2. There shall be a Board, called the Patents Inquiry Board, consisting of three persons appointed by the Minister for Defence.

Board to investigate inventions.

3. (1) Every application for the grant of a patent in the Commonwealth lodged at the Patent Office on or after the date of the making of these Regulations (other than an application the publication of which in the opinion of the Commissioner of Patents 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) shall be referred by the Commissioner of Patents to the Patents Inquiry Board.

(2) Where the Commissioner of Patents is of opinion that the publication of the invention forming the subject of any application for a patent lodged at the Patent Office before the date of the making of these Regulations might be detrimental to the public safety or the defence of the Commonwealth or might otherwise assist the enemy or endanger the successful prosecution of the war, the Commissioner shall if the Complete Specification of the application has not been accepted, refer the application to the Patents Inquiry Board.

(3) The Board shall investigate the invention in regard to which any application referred to it in pursuance of sub-regulation (1) or (2) of this Regulation is made with a view to determining whether the publication of the invention might be detrimental to the public safety or the defence of the Commonwealth or might otherwise assist the enemy or endanger the successful prosecution of the war.

(4) The determination of the Board shall forthwith be communicated to the Commissioner of Patents.

(5) If the Board determines that the publication of the invention might be detrimental to the public safety or the defence of the Commonwealth or might otherwise assist the enemy or endanger the successful

C.9160.—Price 3d.


prosecution of the war, the Commissioner of Patents shall notify the applicant of such determination, and shall, unless the Attorney-General otherwise directs, decline to proceed further with the application.

(6) Upon receipt of the notification referred to in the last preceding sub-regulation, the applicant shall not, except with the permission in writing of the Attorney-General, during the continuance of the present state of war—

(a) publish or communicate in any way his invention whether within or beyond the Commonwealth or

(b) apply for a patent for the invention in any country outside the Commonwealth.

Applications for patents in countries outside the Commonwealth.

4. (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 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 Provisional Specification describing the nature of the invention:

Provided that in the case of 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 International arrangements for a patent for that invention in any country outside the Commonwealth.

(2) The Commissioner of Patents shall forthwith refer every such notice of intention to apply for a patent and every such Provisional Specification to the Patents Inquiry Board.

(3) The Board shall investigate the invention in regard to which the application is made with a view to determining whether the publication of the invention in any country outside the Commonwealth might be detrimental to the public safety or the defence of the Commonwealth or might otherwise assist the enemy or endanger the successful prosecution of the war.

(4) The determination of the Board shall forthwith be communicated to the Commissioner of Patents.

(5) If the Board determines that the publication of the invention as aforesaid might be detrimental to the public safety or the defence of the Commonwealth or might otherwise assist the enemy or endanger the successful prosecution of the war, the Commissioner of Patents shall, before the expiration of thirty days from the time when notice was given in accordance with sub-regulation (1) of this Regulation, notify the applicant of such determination and direct him not to proceed with his application.

(6) Upon receipt of the notification referred to in the last preceding sub-regulation, the applicant shall not, except with the permission in writing of the Attorney-General, publish or communicate in any way his invention.

Contraventions of Regulations

5 Any person who contravenes or fails to comply with any provision of these Regulations or of any notification issued in pursuance of them shall be guilty of an offence against the War Precautions Act 1914-1916.

_______________________________

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 were enacted under the authority of the War Precautions Act 1914-1916 by the Governor of the State of Victoria, acting as the Deputy of the Governor-General, in consultation with the Federal Executive Council. These regulations were introduced to address the urgent need to safeguard sensitive technological advancements and intellectual property during the period of World War I. The problem these regulations sought to address was the potential misuse of patented inventions by enemy forces, which could compromise national security and the war effort. The policy objective was to control the dissemination of potentially harmful inventions by establishing a Patents Inquiry Board to review and, if necessary, withhold the publication and patenting of inventions that posed a risk to the Commonwealth's safety and war efforts.

Scope and Application

The War Precautions (Patents) Regulations 1916 apply to all individuals and entities within the Commonwealth of Australia, including its territories, who are involved in the application for patents, particularly those that may affect national security or war efforts. These regulations, enacted under the War Precautions Act 1914-1916, mandate the establishment of a Patents Inquiry Board tasked with investigating patent applications to ensure that the publication of inventions does not compromise public safety or aid the enemy. Applications for patents lodged at the Patent Office after the Regulations' enactment are referred to this Board, unless the Commissioner of Patents deems them obviously safe for publication. Furthermore, the Regulations prohibit patent applications in foreign countries without prior notification to the Patent Office, subject to exceptions with written consent from the Attorney-General. Contraventions of these Regulations are subject to penalties under the War Precautions Act 1914-1916. The scope of these Regulations extends to the entire Commonwealth, ensuring a uniform approach to managing sensitive inventions during wartime.

Key Provisions

The War Precautions (Patents) Regulations 1916 establish a framework for the regulation of patent applications in the context of war. Under these regulations, the Patents Inquiry Board (Regulation 2) is tasked with investigating patent applications to determine if their publication could be detrimental to national security or the war effort. All applications for patents lodged at the Patent Office on or after the date of the making of these Regulations, unless they are deemed by the Commissioner of Patents to not be detrimental to public safety or the defence of the Commonwealth (Regulation 3(1)), must be referred to the Board. If the Board determines that publication of the invention could be harmful, the Commissioner is to notify the applicant and typically decline to proceed with the application, unless directed otherwise by the Attorney-General (Regulation 3(5)). The applicant is prohibited from publishing or communicating the invention without written permission from the Attorney-General (Regulation 3(6)). Additionally, any person in the Commonwealth or in a territory where the Patents Act 1903-1909 applies is required to notify the Patent Office of their intention to apply for a patent outside the Commonwealth at least thirty days prior to doing so, along with a Provisional Specification of the invention (Regulation 4(1)). These notifications are also subject to investigation by the Patents Inquiry Board (Regulation 4(2)-(5)). The obligations imposed by these regulations are primarily on the applicants for patents and the Commissioner of Patents. Applicants must refer to the Patents Inquiry Board any inventions they wish to patent, particularly if the invention was lodged or intended to be lodged outside the Commonwealth (Regulations 3(1) and 4(1)). They must also refrain from publishing or communicating their invention without permission from the Attorney-General if the Board deems it detrimental (Regulations 3(6) and 4(6)). The Commissioner of Patents is responsible for referring patent applications to the Board for investigation (Regulations 3(3) and 4(2)) and for communicating the Board's determinations to the applicants (Regulations 3(4) and 4(4)). The Board itself is obliged to investigate the inventions referred to it to ascertain any potential risks to national security or the war effort (Regulations 3(3) and 4(3)). Breach of these regulations or any notifications issued under them constitutes an offence under the War Precautions Act 1914-1916 (Regulation 5). This means that any person who fails to comply with the provisions or a notification of these regulations is liable for legal consequences. While the exact penalties are not specified within the regulations themselves, under the War Precautions Act, penalties for offences can include fines and imprisonment, reflecting the serious nature of any actions that might jeopardise national security during wartime.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.