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.
Dated this twentieth
day of April , 1954.
W. J. Slim
Governor-General.
By His Excellency’s Command,
(SGD.) J. A. SPICER
Attorney-General.
Image unavailable in extracted textPATENT ATTORNEYS REGULATIONS.
Part I.—Preliminary.
Citation.
These Regulations may be cited as the Patent Attorneys Regulations.
Parts.
These Regulations are divided into Parts, as follows:—
Part I.—Preliminary (Regulations 1-3).
Part II.—Fees (Regulation 4).
Part III.—Registration of Patent Attorneys (Regulations 5-24).
Part IV.—Removal of Names of Patent Attorneys from the Register (Regulations 25-32).
Part V.—Rights of Patent Attorneys (Regulation 33).
Interpretation.
3.—(1.) In these Regulations, unless the contrary intention appears—
“patent attorney” means a person registered as a patent attorney under Part XV. of the Act;
“the Act” means the Patents Act 1952;
“the Board” means the Board of Examiners of Patent Attorneys established by these Regulations;
“the Register” means the Register of Patent Attorneys kept in pursuance of section 133 of the Act;
“the repealed Regulations” means the Patent Regulations, 1912 as in force immediately before the commencement of the Act.
Image unavailable in extracted text(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.
* Notified in the Commonwealth Gazette on , 1954.
5097.—Price 8d. 10/12.4.1954.
Part II.—Fees.
Fees.
4.—(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, 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.
5.—(1.) For the purposes of this Part, there shall be a Board of Examiners of Patent Attorneys, which shall consist of—
(a) the Commissioner of Patents;
(b) two members elected by and from the patent attorneys; and
(c) such number of members, not being less than two, as the Attorney-General appoints.
(2.) Subject to the next succeeding sub-regulation, an elected member of the Board shall hold office for a period of three years commencing on the date on which the Attorney-General publishes in the Official Journal the result of the election at which that member is elected.
(3.) Where a vacancy in an office of an elected member occurs otherwise than by the expiration of the term for which that member is entitled to hold office, a member of the Board elected in the place of that first-mentioned member shall hold office until the expiration of that term.
(4.) An appointed member of the Board shall hold office during the pleasure of the Attorney-General.
(5.) The members of the Board of Examiners of Patent Attorneys established under the repealed Regulations who, immediately before the commencement of these Regulations, were—
(a) elected members of that Board; and
(b) appointed members of that Board,
shall be deemed to have been elected, or appointed, as the case requires, as members of the Board established under this regulation.
(6.) The members deemed, under the last preceding sub-regulation, to have been elected as members of the Board shall hold office until—
(a) the expiration of the term for which they were entitled to hold office under the repealed Regulations; or
(b) one of those members ceases to be a member,
whichever first occurs.
Election of members of the Board.
6.—(1.) An election of members of the Board shall be held in such manner as the Attorney-General, by notice published in the Official Journal, directs.
(2.) The Attorney-General shall, by notice published in the Official Journal, declare the result of each election held in pursuance of this regulation.
Chairman of the Board.
7.—(1.) The Commissioner of Patents shall be the Chairman of the Board and shall preside at all meetings of the Board at which he is present.
(2.) In the absence of the Commissioner of Patents from a meeting of the Board, the Deputy Commissioner of Patents shall, if he is a member of the Board and is present at the meeting, preside at the meeting.
(3.) If neither the Commissioner nor the Deputy Commissioner of Patents is present at a meeting of the Board, the members of the Board present at that meeting shall appoint one of their number to preside at the meeting.
(4.) The member of the Board who presides at a meeting of the Board has a deliberative vote and in the event of an equality of votes also has a casting vote.
Quorum.
At a meeting of the Board, four members of the Board constitute a quorum.
Secretary to the Board.
9.—(1.) The Attorney-General may appoint an officer of the Patent Office to be secretary to the Board.
(2.) The secretary to the Board shall record minutes of the business transacted at the meetings of the Board and shall perform such other duties as the Board directs.
Prescribed examinations.
10.—(1.) The prescribed examination for the purposes of paragraph (c) of sub-section (3.) of section 133 of the Act is an examination conducted by the Board in accordance with these Regulations.
Subjects of the examination.
(2.) The examination shall consist of an examination in each of the following subjects:—
(a) Patent Law of Australia and the Practice of the Patent Office;
(b) Trade Marks Law of Australia and the Practice of the Trade Marks Office;
(c) Designs Law of Australia and the Practice of the Designs Office;
(d) Preparation of Specifications;
(e) Interpretation and Criticism of Specifications;
(f) Patent and Trade Marks Law and Practice of Countries other than Australia; and
(g) Patent Attorneys’ Practice.
Subjects to be passed by legal practitioners or patent agents.
11.—(1.) The subjects of the prescribed examination in which a person who is a legal practitioner is required to pass are the subjects specified in paragraphs (d), (e), (f) and (g) of the last preceding regulation.
(2.) The subjects of the prescribed examination in which a person who is registered as a patent agent in the United Kingdom is required to pass are the subjects specified in paragraphs (a), (b), (c), (e) and (g) of the last preceding regulation.
Particulars of subjects.
The Board shall, from time to time, determine the scope of the subjects of the examination and the books which are recommended for study by candidates and shall cause particulars of the scope of the subjects and the names of the books to be published in the Official Journal.
Time for holding examinations.
13.—(1.) The examination of candidates shall be held on such dates, in the month of October, November or December in each year, as the Board determines.
(2.) The Board shall cause to be published in the Official Journal adequate notice of the times of, and places for, the holding of the examination and of the date before which applications for admission to the examination are to be made.
Applications by candidates.
14.—(1.) An application for admission as a candidate in a subject of the examination shall be—
(a) in the case of a person other than a legal practitioner or a person registered as a patent agent in the United Kingdom—in accordance with Form 1; and
(b) in the case of a legal practitioner or a person registered as a patent agent in the United Kingdom—in accordance with Form 2.
(2.) An application under this regulation shall be lodged with the secretary to the Board at the Patent Office on or before the date notified by the Board under sub-regulation (2.) of the last preceding regulation.
(3.) Where an application is made under this regulation by a person who is a legal practitioner or a person who is registered as a patent agent in the United Kingdom, the person making the application shall, unless he has already done so, furnish with his application evidence of the fact that he is a legal practitioner or a person who is registered as a patent agent, as the case requires.
Eligibility for admission to examination in certain subjects.
A person, other than a person who—
(a) is a legal practitioner; or
(b) is registered as a patent agent in the United Kingdom,
is not eligible for admission as a candidate in the subjects specified in paragraphs (d), (e), (f) and (g) of regulation 10 of these Regulations unless he has passed the examination in the subjects specified in paragraphs (a), (b) and (c) of that regulation.
Appointment of examiners.
16.—(1.) The Board may appoint examiners for the purposes of the examinations held by the Board.
(2.) The Board may give to examiners such instructions as the Board considers necessary in relation to the setting of the papers and the examination of the answers.
(3.) Examiners appointed under this regulation shall be paid such fees as the Attorney-General directs.
Report as to reasons for failure.
Where a candidate who has failed to pass an examination in any subject, makes application in accordance with Form 3 for a report as to the reasons for his failure, the Board may, in its discretion, furnish the reasons to the candidate.
Supplementary examinations.
18. The Board may, in its discretion, grant a supplementary examination to a candidate who has failed in a subject of the examination.
Passes at examinations under repealed Regulations to be regarded as passes for the purposes of section 133 (3.)
A person who, before the commencement of these Regulations, passed, at the Intermediate Part or the Final Part of the Examination prescribed by the repealed Regulations, in a subject which is a subject specified in regulation 10 of these Regulations, shall, for the purposes of sub-section (3.) of section 133 of the Act, be deemed to have passed in that subject at the examination prescribed by these Regulations.
Other qualifications required.
For the purposes of paragraph (d) of sub-section (3.) of section 133 of the Act, the prescribed other qualifications are that the person must be a person of good fame and character and that the person is a person who has satisfied the Board that—
(a) he has passed an examination qualifying him to obtain a degree from a university in the Queen’s dominions in a course approved by the Board in a branch of engineering or science;
(b) he has passed an examination qualifying him to obtain a degree or diploma from a technical institution in the Queen’s dominions for the time being recognized by the Board as an institution for the purposes of this paragraph in a course approved by the Board in a branch of engineering or science; or
(c) he has passed—
(i) an examination qualifying him to obtain a degree in a faculty of engineering or science in a university outside the Queens’ dominions recognized by the Board as a university for the purposes of this sub-paragraph or a degree or diploma in a branch of engineering or science from a technical institution outside the Queen’s dominions recognized by the Board as an institution for the purposes of this sub-paragraph; and
(ii) an examination conducted by or on behalf of the Board for the purpose of establishing that he has qualifications of a standard at least equal to those required under paragraph (a) of this regulation.
Prescribed employment.
For the purposes of paragraph (e) of sub-section (3.) of section 133 of the Act, a person who has been employed by a patent attorney as a technical assistant in the conduct of the practice of the patent attorney in matters arising under this Act or the repealed Acts—
(a) in the case of a person employed for not less than five years as a Supervising Examiner of Patents or an Examiner of Patents or in both those capacities—for not less than six months;
(b) in any other case—for not less than one year,
has been employed as prescribed for not less than the prescribed period by a patent attorney.
Application for certificate of the Board.
22.—(1.) The Board shall, on application being made in accordance with Form 4 by a person who—
(a) has passed in all the subjects of the examination or in such of those subjects as he is required to pass; and
(b) has satisfied the Board that he possesses the qualifications referred to in whichever of paragraphs (a), (b) or (c) of regulation 20 of these Regulations is applicable,
issue to that person a certificate to that effect in accordance with Form 5.
(2.) A person making an application under the last preceding sub-regulation shall furnish with the application evidence which establishes that he has the qualifications referred to in whichever of paragraphs (a), (b) or (c) of regulation 20 of these Regulations is applicable.
Registration of patent attorney.
23.—(1.) An application for registration as a patent attorney shall be in accordance with Form 6 and shall be lodged at the Patent Office.
(2.) A person making an application under the last preceding sub-regulation shall furnish with his application—
(a) evidence that he is a British subject;
(b) evidence of his age;
(c) the certificate issued to him by the Board under the last preceding regulation and in the case of a person who is a legal practitioner or is registered as a patent agent in the United Kingdom, evidence of that fact;
(d) evidence that he has been employed as required by regulation 21 of these Regulations for not less than whichever of the periods specified in that regulation is applicable to him; and
(e) certificates in accordance with Form 7 by three persons to whom he has been known and acquainted for not less than twelve months before the date on which each of those persons gives the certificate certifying that the person making the application is of good fame and character.
Certificate of registration.
Upon the registration of a person as a patent attorney, the Commissioner shall issue to that person a certificate of registration in accordance with Form 8.
Part IV.—Removal of Names of Patent Attorneys from the Register.
Prescribed grounds for removal from Register of name of patent attorney.
25.—(1.) The Commissioner may remove the name of a patent attorney from the Register if—
(a) the patent attorney has been convicted of a crime involving fraud or dishonesty or of any disgraceful crime;
(b) the patent attorney has been guilty of disgraceful conduct in the practice of his profession as a patent attorney; or
(c) he has procured his registration as a patent attorney by fraud or by a false or misleading statement.
Notice to patent attorney to show cause.
26.—(1.) If the Commissioner considers that a ground specified in the last preceding regulation exists for the removal of the name of a patent attorney from the Register, he shall, by notice in writing-served on the patent attorney, call upon the patent attorney to show cause why his name should not be removed from the Register.
(2.) A notice in writing under the last preceding sub-regulation shall—
(a) specify the ground which the Commissioner considers exists for the removal of the name of the patent attorney from the Register; and
(b) fix a time (not being a time less than ten days after the date of the notice) at which, and place at which, the Commissioner will hear the patent attorney if he desires to show cause.
(3.) If the patent attorney intends to show cause, he shall, at least four days before the date fixed by the Commissioner for the hearing, notify the Commissioner of his intention to appear and show cause.
Hearing by the Commissioner.
27.—(1.) At the time and place fixed in the notice, the Commissioner shall enquire into the matter and, if satisfied that the ground for the removal of the name of the patent attorney from the Register exists, by order under his hand direct that the name of the patent attorney be removed from the Register.
(2.) At the hearing of the enquiry, the patent attorney is entitled to be represented by a barrister or solicitor, and the patent attorney or the barrister or solicitor representing him may cross-examine a witness called in support of the ground for the removal and may produce evidence in rebuttal of the evidence given by those witnesses.
(3.) The Attorney-General may appoint a barrister or solicitor to assist the Commissioner on the hearing of the enquiry.
(4.) The Commissioner may, if he considers it necessary or desirable so to do, adjourn the hearing of the enquiry from time to time.
Notice of order.
A copy of the order of the Commissioner shall be served on the patent attorney.
Appeal against order.
29.—(1.) Where the Commissioner has directed that the name of a patent attorney be removed from the Register, the patent attorney may, within one month after the date of the order, appeal, by notice in writing lodged at the Patent Office, to the Attorney-General against the order.
(3.) The Attorney-General shall hear the appeal and, if satisfied that the ground for the removal of the name of the patent attorney exists, dismiss the appeal, but if not so satisfied, uphold the appeal.
(3.) The Attorney-General may, if he thinks fit, hear evidence in addition to the evidence given before the Commissioner.
Removal of patent attorney’s name from Register.
Where—
(a) a notice of appeal from an order of the Commissioner under regulation 27 of these Regulations is not lodged within the time specified in the last preceding regulation; or
(b) an appeal is lodged and the appeal is dismissed,
the Commissioner shall cause the name of the patent attorney to be removed from the Register.
Removal for non-payment of annual registration fee.
31.—(1.) The annual registration fee specified in item 6 of the Second Schedule to these Regulations is payable by a patent attorney on the first day of July in each year.
(2.) If a patent attorney fails to pay the fee specified in item 6 of the Second Schedule to these Regulations within fourteen days after the day on which the fee is payable, the Commissioner shall remove the name of the patent attorney from the Register.
(3.) The Commissioner shall cause notice to be given to the person whose name has been removed from the Register of the removal of his name.
Restoration of patent attorney’s name to the Register.
32.—(1.) The Commissioner may, on application being made by a person whose name has been removed under the last preceding regulation and on payment of the fees specified in items 6 and 7 of the Second Schedule, restore the name of that person to the Register.
(2.) An application under the last preceding sub-regulation shall be lodged at the Patent Office within six weeks after the expiration of the period of fourteen days referred to in sub-regulation (2.) of the last preceding regulation or within such further time as the Commissioner allows.
Part V.—Rights of Patent Attorneys.
Lien.
A patent attorney has, in relation to documents and property of a client, the same right of lien that a solicitor has in relation to documents and property of a client.
Image unavailable in extracted textTHE SCHEDULES.
FIRST SCHEDULE,
Regulation 3 (2.).
Form 1.
Regulation 14.
Commonwealth of Australia.
Patents Act 1952.
APPLICATION FOR ADMISSION AS A CANDIDATE AT THE EXAMINATION FOR REGISTRATION AS A PATENT ATTORNEY.
I, , of , hereby give notice that I intend to submit myself for examination in the following subject(s) at the Examination for Registration as a Patent Attorney to be held in the month of , 19 :—
Dated this day of , 19 .
Signature.
To:
The Secretary,
Board of Examiners of Patent Attorneys.
Form 2.
Regulation 14.
Commonwealth of Australia.
Patents Act 1952.
APPLICATION FOR ADMISSION AS A CANDIDATE AT THE EXAMINATION FOR REGISTRATION AS A PATENT ATTORNEY BY A LEGAL PRACTITIONER OR REGISTERED PATENT AGENT.
I, , of , hereby give notice that I intend to submit myself for examination in the following subject(s) at the Examination for Registration as a Patent Attorney to be held in the month of , 19 :—
2. I am a legal practitioner, having been admitted to practice as a on the day of ,
19 , at .
(or)
2. I am a person registered as a patent agent in the United Kingdom, having been so registered on the day of , 19 .
3. I furnish the following evidence of that fact:—(to be furnished only where the evidence has not already been furnished).
Dated this day of , 19 .
Signature.
To:
The Secretary,
Image unavailable in extracted textBoard of Examiners of Patent Attorneys.
Form 3.
Regulation 17.
Commonwealth of Australia.
Patents Act 1952.
APPLICATION FOR REPORT AS TO SEASONS FOR FAILURE IN AN EXAMINATION.
I, , of , hereby apply for a report as to the reasons for my failure to pass the examination in the following subject of the Examination for Registration as a Patent Attorney:—
Dated this day of , 19 .
Signature.
To:
The Secretary,
Image unavailable in extracted textBoard of Examiners of Patent Attorneys.
Form 4.
Regulation 22.
Commonwealth of Australia.
Patents Act 1952.
APPLICATION FOR CERTIFICATE OF THE BOARD OF EXAMINEES OF PATENT ATTORNEYS.
I, , of , hereby apply for a Certificate, under regulation 22 of the Patent Attorneys Regulations, of the Board of Examiners of Patent Attorneys that—
(a) I have passed in all the subjects of the Examination for Registration as a Patent Attorney; and
(or, in the case of a person who is a legal practitioner or is registered as a patent attorney in the United Kingdom)
(a) I have passed in the following subjects in the Examination for Registration as a Patent Attorney, being the subjects in which I am required to pass; and
(b) I have the following qualifications:—
[here insert the qualifications possessed by the applicant, being a qualification referred to in paragraphs (a), (b) or (c) of regulation 20 of the Patent Attorneys Regulations.]
I furnish herewith the following evidence that I have the qualifications referred to in sub-paragraph (b) of the last preceding paragraph:—
Dated this day of , 19 .
Signature.
To:
The Secretary,
Image unavailable in extracted textBoard of Examiners of Patent Attorneys.
Form 5.
Regulation 22.
Commonwealth of Australia.
Patents Act 1952.
CERTIFICATE OF THE BOARD OF EXAMINERS OF PATENT ATTORNEYS.
The Board of Examiners of Patent Attorneys hereby certifies that , of
(a) has duly passed in all the subjects of the Examination for Registration as a Patent Attorney; and
(or)
(a) has passed in the following subjects of the Examination for Registration as a Patent Attorney, being the subjects in which he, being a legal practitioner, or, a person registered as a patent agent in the United Kingdom is required to pass:— ; and
(b) has satisfied the Board that he has the following qualifications:—
Dated this day of , 19 .
For and on behalf of the Board of
Examiners of Patent Attorneys.
Image unavailable in extracted textSecretary.
Form 6.
Regulation 23.
Commonwealth of Australia.
Patents Act 1952.
FORM OF APPLICATION FOR REGISTRATION AS A PATENT ATTORNEY.
I, , of , hereby apply for registration as a patent attorney.
2. I was born at on the day of , 19 .
3. I am a British subject by reason of .
4. I have passed all the subjects in the examination prescribed for the purposes of paragraph (c) of sub-section (3.) of section 133 of the Patents Act 1952 in which I am required to pass and I possess the other qualifications prescribed for the purposes of paragraph (d) of sub-section (3.) of section 133 of the Patents Act.
(And, in the case of an application by a legal practitioner as a person registered as a patent agent in the United Kingdom)
of , a person registered as a patent attorney under Part XV. of the Patents Act 1952 as a technical assistant in the conduct of his practice in matters arising under that Act or the Acts repealed by that Act from the day of , 19 ,
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6. I am a person of good fame and character and I furnish herewith certificates by
(a) , of ;
(b) , of ; and
(c) , of ,
to whom I have been known and acquainted for not less than twelve months.
7. I also furnish herewith the following evidence in support of the statements made in paragraphs 2, 3, 4 and 5 of this application: —
Dated this day of , 19 .
Signature.
To:
Image unavailable in extracted textThe Commissioner of Patents.
Form 7.
Regulation 23.
Commonwealth of Australia.
Patents Act 1952.
CERTIFICATE AS TO CHARACTER OF APPLICANT FOR REGISTRATION AS A PATENT ATTORNEY.
I, , of , hereby certify that—
(a) I have known and have been acquainted with , of , for a period of twelve months at least immediately before the date of this certificate; and
(b) I know him to be a person of good fame and character.
Dated this day of , 19 .
Image unavailable in extracted textSigned by the said
in my presence
Image unavailable in extracted textSignature.
Form 8.
Regulation 24.
Commonwealth of Australia.
Patents Act 1952.
CERTIFICATE OF REGISTRATION AS A PATENT ATTORNEY.
I, , the Commissioner of Patents, hereby certify that
, of , in the State of
in the Commonwealth of Australia, was, on the day of
, 19 , registered as a patent attorney and that he is authorized to practise as a patent attorney in any part of the Commonwealth of Australia so long as his name remains on the Register of Patent Attorneys.
Given under my hand and the seal of the Patent Office at Canberra this