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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This Act has been repealed and is no longer in force. It is retained for historical reference.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 implement the procedural and administrative machinery for patents under the Patents Act 1952. They prescribe the official forms, document and drawing formats, filing dates, evidence rules, publication steps and a detailed fee schedule (Second Schedule).
They affect applicants, patentees, opponents, patent attorneys and the Patent Office. Applicants pay prescribed fees and must meet technical filing and timing rules; the Commissioner enforces format, deadlines, examinations, extensions and hearings and exercises several discretionary powers (see regs 4, Third Schedule, Part XII).
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STATUTORY RULES.
1954. No. .
REGULATIONS UNDER THE PATENTS ACT 1952.*
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 twenty sixth
day of February , 1954.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Attorney-General.
PATENTS REGULATIONS.
Part I.—Preliminary.
Citation.
Parts.
| Part | I | —Preliminary (Regulations 1-3). |
|---|---|---|
| Part | II | —Fees (Regulation 4) |
| Part | III | —Preparation and Lodgment of Documents (Regulations 5-7). |
| Part | IV | —Applications for Patents (Regulations 8-18). |
| Part | V. | —Opposition to Grant (Regulations 19-20). |
| Part | VI | —Patents and Patentees (Regulations 21-30). |
| Part | VII | —Amendment of Specifications (Regulations 31-33). |
| Part | VIII. | —Extension of Patents (Regulations 34-36). |
| Part | IX | —Restoration of Patents (Regulations 37-41). |
| Part | X | —Surrender of Patents (Regulation 42). |
| Part | XI | —Working of Patents and Compulsory Licences. (Regulation 43). |
| Part | XII | —Practice and Procedure |
Division 1.—Proceedings in Opposition Cases (Regulations 44-55).
Division 2.—Proceedings other than Opposition Proceedings. (Regulation 56).
Division 3.—Evidence. (Regulations 57-59).
| Part | XIII. | — Miscellaneous (Regulations 60-76). |
|---|
* Notified in the Commonwealth Gazette on , 1954.
2636.—Price 1s. 6d. 12/11.2.1954.
Interpretation.
3.—(1.) In these Regulations, unless the contrary intention appears—
“ basic documents ” means the documents referred to in subsection (3.) of section 143 of the Act ;
“ convention application ” means an application for a patent under Part XVI. 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.
(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.
Fees.
Part II.—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, 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 15 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.) Items 28 and 30 in the Second Schedule to these Regulations do not apply to a correction necessitated solely by error in the Patent Office.
Part III.—Preparation and Lodgment of Documents.
Preparation of documents generally.
5.—(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 treat—
(a) the document as not having been lodged at the Patent Office ; or
(b) 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.
6.—(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 treat—
(a) the specification as not having been lodged at the Patent Office ; or
(b) 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.
Form of application for patent of addition.
9.—(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.
Form of declaration supporting application.
11.—(1.) A declaration in support of an application for a patent, other than a convention application, shall be in accordance with Form 6.
(2.) A declaration in support of a convention application shall be in accordance with Form 7.
Form of specifications.
12.—(1.) A provisional specification shall be in accordance with Form 8.
(2.) A complete specification shall be in accordance with Form 9.
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.
14.—(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.
Amendments under section 49.
16.—(1.) An amendment under section 49 of the Act shall be made by the applicant lodging a statement, setting out—
(a) the places at which alterations are to be made ; and
(b) the nature of each alteration.
(2.) Each alteration shall be numbered consecutively and, if more than one statement is lodged, the numbers of the alterations in a subsequent statement shall be consecutive with the numbers in the previous statement.
(3.) Where an amendment is or includes an alteration of a drawing, the amendment shall be made by lodging with the statement a sketch of the part of the drawing which is to be altered showing the proposed alteration in red ink.
(4.) Whenever the Commissioner so requires, an amendment under section 49 of the Act shall be made by the applicant lodging a new sheet or sheets incorporating the alterations.
Extension of time for lodging basic documents.
Order of examination.
18.—(1.) Subject to this regulation, all applications and complete specifications shall, as far as practicable, be examined in the order in which the applications are lodged in the Patent Office.
(2.) A convention application and complete specification shall not be examined until the basic documents have been lodged.
(3.) The Commissioner may cause the examination of an application and complete specification to be expedited—
(a) if he is satisfied that it is in the public interest so to do ; or
(b) if, after the publication of a notification that the complete specification is open to public inspection, the Commissioner is satisfied that a prima facie case of infringement exists in respect of the claim or claims contained in the specification.
(4.) An applicant who alleges that a prima facie case of infringement exists shall lodge at the Patent Office a statement in writing-setting out fully the nature of the alleged infringement.
(5.) The statement so furnished shall be verified by a declaration made by or on behalf of the applicant and shall be accompanied by an opinion of a barrister, solicitor or patent attorney to the effect that there is a prima facie case of infringement.
Part V.—Opposition to Grant.
Notice of opposition.
Extension of time for lodging notice.
Part VI.—Patents and Patentees.
Form of patent.
21.—(1.) A patent shall be in accordance with Form 12.
(2.) The Commissioner shall publish in the Official Journal a notification of the sealing of a patent.
Determinations under section 63.
22.—(1.) A request for a determination under sub-section (1.) or (2.) of section 63 of the Act shall be in accordance with Form 13.
(2.) The person making the request shall—
(a) serve a copy of the request on the person refusing to proceed with the request for the patent or the other parties to the dispute, as the case requires ; and
(b) if an agreement in writing has been entered into, lodge the agreement and a certified copy of the agreement at the Patent Office.
(3.) Paragraph (b) of the last preceding sub-regulation does not apply if the agreement has already been filed in the Patent Office.
(4.) The Commissioner shall cause notice of the request to be published in the Official Journal.
(5.) A person interested in the application in respect of which a request has been made under this regulation who desires to be heard by the Commissioner shall give notice of the fact to the Commissioner within six weeks after the publication of the notice of the application.
Amendment under section 65 (2.).
23.—(1.) An application under sub-section (2.) of section 65 of the Act shall be in accordance with Form 14.
(2.) The person making the application shall lodge with his application the patent and such documents as are necessary to support the application.
Extension of time under section 66 (5.).
Extension of time under section 66 (6.).
25.— (1.) An application under sub-section (6.) of section 66 of the Act shall be in accordance with Form 10.
(2.) An application under that sub-section shall be lodged at the Patent Office ‘before the expiration of the period allowed by or under section 66 of the Act for the sealing of the patent.
(3.) An extension under sub-section (6.) of section 66 of the Act of the time for sealing of a patent shall not exceed six months.
Notification if patent not sealed.
Payment of renewal fees.
27.— (1.) A renewal fee specified in item 15 in the Second Schedule to these Regulations shall be paid before the expiration of the year of the patent in respect of which that renewal fee is specified.
(2.) An application under sub-section (3.) of section 68 of the Act shall be in accordance with Form 10.
Sealing of duplicate patent.
Assignments, licences, &c.
(a) in the case of an application under section 21 or 22 of the Act—in accordance with Form 16 ;
(b) in the case of an application under section 23 of the Act— in accordance with Form 17 ; and
(c) in the case of an application for registration of any other document affecting the proprietorship of a patent or licence under a patent—in accordance with Form 16 or Form 17, as the case requires.
Applications under Section 154.
30.— (1.) An application for directions under sub-section (1.) or (2.) of section 154 of the Act shall be in accordance with Form 18 or Form 19, as the case requires.
(2.) The applicant shall lodge with his application a statement of the facts on which the application is based.
(3.) A copy of the application and of the statement shall be served by the applicant on each other person registered as a patentee.
Part VII.—Amendment of Specifications.
Request under section 77.
31.— (1.) A request under section 77 of the Act for leave to amend a complete specification shall be lodged in accordance with Form 20.
(2.) The person making the request shall furnish to the Commissioner—
(a) a copy of the original specification ;
(b) copies of such pages of the original specification as contain the proposed amendments ; or
(c) a printed copy of the specification,
showing in red ink the amendments which he desires to make.
Amendment of a request.
Opposition to the request.
33.—(1.) A notice of opposition under section 82 of the Act to a request fo
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