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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations prescribe the procedural mechanics for obtaining and managing patents: they set prescribed fees, standard forms, document and drawing standards, timelines and extension rules, opposition and hearing procedures, and the Commissioner’s administrative powers. They affect inventors, patentees, patent attorneys, opponents and the Patent Office by specifying who pays, what must be filed, when, and how disputes, restorations, amendments and compulsory licences are handled.
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STATUTORY RULES.
1961. No. 2.
REGULATIONS UNDER THE PATENTS ACT 1952-1960.*
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 Act 1952-1960.
Dated this second day of January, 1962.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
(Sgd.) G. E. BARWICK
Attorney-General.
PATENTS REGULATIONS.
PART I.—PRELIMINARY.
Citation.
Parts.
| Part | I.—Preliminary (Regulations 1-4). |
|---|---|
| Part | II.—Fees (Regulation 5). |
| Part | III.—Preparation and Lodgment of Documents (Regulations 6-8). |
| Part | IV.—Applications for Patents (Regulations 9-19). |
| Part | V.—Opposition to Grant (Regulations 20-21). |
| Part | VI.—Postponement of Acceptance (Regulation 22). |
| Part | VII—Patents and Patentees (Regulations 23-33). |
| Part | VIII.—Amendment of Specifications (Regulations 34-36). |
| Part | IX.—Extension of Patents (Regulations 37-39). |
| Part | X.—Restoration of Patents (Regulations 40-44). |
| Part | XI.—Surrender of Patents (Regulation 45). |
| Part | XII.—Working of Patents and Compulsory Licences (Regulation 46). |
| Part | XIII.—Extension of Times under Section 160 (Regulations 47-52). |
| Part | XIV.—Practice and Procedure.Division 1.—Proceedings in Opposition Cases other than Cases under Section 95 of the Act (Regulations 53-64).Division 2.—Proceedings in Opposition Cases under Section 95 of the Act (Regulations 65-71).Division 3.—Proceedings other than Opposition Proceedings (Regulation 72).Division 4.—Evidence (Regulations 73-75). |
| Part | XV.—Miscellaneous (Regulations 76-91). |
*Notified in the Commonwealth Gazette on , 1961.
7651/61.—PRICE 1S. 6D. 10/25.10.1961.
Repeal and saving.
3.—(1.) The Patents Regulations (comprising Statutory Rules 1954, Nos. 18 and 55; 1955, No. 70; 1957, No. 10; and 1961, No. 27) are repealed.
(2.) Notwithstanding the repeal of Statutory Rules 1961, No. 27, sub-regulation (5.) of regulation 20 of those Statutory Rules continues to have effect according to its tenor.
Interpretation.
4.—(1.) In these Regulations, unless the contrary intention appears—
“basic documents” means the documents referred to in sub-section (3.) of section 143 of the Act;
“patent attorney” means a person registered as a patent attorney under Part XV. of the Act;
“the Act” means the Patents Act 1952-1960.
(2.) In these Regulations, a reference to a form by number is a reference to the form so numbered in the First Schedule to these Regulations.
PART II.—FEES.
Fees.
5.—(1.) The fees specified in column 3 of the Second Schedule to these Regulations are, in respect of the respective matters in column 2 of that Schedule opposite to which they are so specified, the prescribed fees for the purposes of section 176 of the Act.
(2.) Payment of fees shall be made at the Patent Office by such means, and in such manner, as the Commissioner directs.
(3.) Where the Commissioner has, under section 42 of the Act, directed that a complete specification be treated as a provisional specification, the amount by which the fee payable on the lodging of a complete specification exceeds the fee payable on the lodging of a provisional specification shall not be refunded, but if a subsequent complete specification is lodged by the applicant, the amount of the excess shall be credited, in whole or in part, towards the payment of the fee payable on lodging that subsequent complete specification.
(4.) Where a patent is not sealed until after the expiration of a year of a patent in respect of which a renewal fee is specified in item 18 in the Second Schedule to these Regulations, the renewal fee specified in relation to that year is payable in addition to the fee payable on the sealing of the patent.
(5.) Item 31 in the Second Schedule to these Regulations does not apply to a correction necessitated solely by error in the Patent Office.
(6.) For the purpose of ascertaining the amount of any fee payable under item 6 or 7 in the Second Schedule to these Regulations, any period by which the time for the acceptance of an application and complete specification has been extended by or under sub-section (2.), (3.) or (4.) of section 54 of the Act shall not be taken into account.
(7.) For the purpose of ascertaining the amount of any fee payable under item 36 or 37 in the Second Schedule to these Regulations, the period that commences on the day on which a notice of opposition to the
grant of an application for an extension of time is lodged at the Patent Office and ends—
(a) twenty-one days after the day on which the Commissioner decides the application; or
(b) if an appeal is made to the Appeal Tribunal from the decision of the Commissioner—on the day on which the appeal is determined,
shall not be taken into account.
(8.) Item 19 in the Second Schedule to these Regulations does not apply to an application for extension of time for paying a renewal fee where—
(a) an acknowledgment of the payment of a renewal fee was sent to a patentee and the acknowledgment included a notification specifying the amount of the renewal fee that was payable before the expiration of the next succeeding year of the patent;
(b) after the acknowledgment was sent, the amount of the renewal fee specified in the notification was increased;
(c) an amount equal to the amount of the renewal fee specified in the notification was paid by the patentee on or before the expiration of that next succeeding year of the patent;
(d) the Commissioner is satisfied that the amount so paid was paid in reliance on the notification and without knowledge of the increase in the amount of the renewal fee; and
(e) an amount equal to the difference between the amount so paid and the amount of the renewal fee payable—
(i) is paid by the patentee before the expiration of one month after the expiration of that next succeeding year of the patent; or
(ii) is paid by the patentee after the expiration of one month, but before the expiration of six months, after the expiration of that next succeeding year of the patent and the Attorney-General directs that the fee for lodging the application for extension of time is not payable.
PART III.—PREPARATION AND LODGMENT OF DOCUMENTS.
Preparation of documents generally.
6.—(1.) Documents to be lodged at the Patent Office shall comply with the requirements specified in Part I. of the Third Schedule to these Regulations.
(2.) If a document which is not in accordance with the requirements so specified is received at the Patent Office, the Commissioner may return the document to the person from whom it was received with a statement indicating the requirements which have not been complied with.
(3.) Where a document which is received at the Patent Office is not in accordance with whichever of the forms specified in the First Schedule to these Regulations is applicable or does not comply with the requirements
specified in Part I. of the Third Schedule to these Regulations, the Commissioner may—
(a) treat the document as not having been lodged at the Patent Office; or
(b) treat the document as having been so lodged, but require the applicant to make such alterations as are necessary.
(4.) Where a carbon copy or a photographic copy is required to be lodged under these Regulations, the person who lodges the copy of the document shall, unless the Commissioner in a particular case otherwise directs, furnish the copy on paper of good quality and in black and distinct type.
Preparation of specifications.
7.—(1.) A specification including any drawings contained in a specification shall comply with the requirements specified in Part I., Part II. and Part III. of the Third Schedule to these Regulations in so far as they are applicable.
(2.) If a specification which is not in accordance with the requirements so specified is received at the Patent Office, the Commissioner may return the specification to the applicant with a statement indicating the requirements which have not been complied with.
(3.) Where a specification which is received at the Patent Office does not comply with the requirements specified in the Third Schedule to these Regulations, the Commissioner may—
(a) treat the specification as not having been lodged at the Patent Office; or
(b) treat the specification as having been so lodged, but require the applicant to make such alterations as are necessary.
Date of lodgment.
PART IV.—APPLICATIONS FOR PATENTS.
Form of application for patent.
9. An application for a patent, other than a Convention application, shall be in accordance with Form 1.
Form of application for patent of addition.
10.—(1.) An application for a patent of addition shall be in accordance with Form 2.
(2.) An application for the grant, under section 74 of the Act, of a patent of addition in lieu of an independent patent shall be in accordance with Form 3.
Form of Convention application.
11.—(1.) A Convention application shall be in accordance with Form 4 or Form 5, as the case requires.
(2.) A request under section 142AA of the Act—
(a) shall be in accordance with Form 6; and
(b) may be endorsed on the Convention application or lodged as a separate document.
(3.) Where an applicant has lodged a request under section 142AA of the Act, the applicant shall, before the acceptance of the application and the complete specification, lodge at the Patent Office a certificate by the
official chief or head of the Patent Office in the Convention country in which an earlier application referred to in the request was lodged that the earlier application was withdrawn, abandoned or refused without becoming open to public inspection.
Form of declaration supporting application.
12.—(1.) A declaration in support of an application for a patent, other than a Convention application, shall be in accordance with Form 7.
(2.) A declaration in support of a Convention application shall be in accordance with Form 8.
Form of specifications.
13.—(1.) A provisional specification shall be in accordance with Form 9.
(2.) A complete specification shall be in accordance with Form 10.
Copies of specifications.
(a) a copy, certified by the applicant to be a true and correct copy, of the specification including any drawings contained in the specification; and
(b) in the case of a complete specification, an additional copy of the claim or claims.
Photographic copies of drawings.
15.—(1.) The Commissioner may, at the request of an applicant and on payment of the prescribed fee, make a photographic copy of the drawings contained in the original copy of the specification.
(2.) Where a request is so made—
(a) the applicant is not, unless the Commissioner otherwise directs, required to furnish a copy of the drawings; and
(b) the photographic copy shall be marked with the words “True Copy”.
Drawings not to be folded or creased.
16. Drawings included in a specification shall not be folded or creased.
Amendments under section 49.
17.—(1.) An
This is an opening excerpt, not the complete document.