Image unavailable in extracted textCommonwealth of Australia.
Department of Trade and Customs,
31st May, 1904.
NOTIFICATION OF PROVISIONAL REGULATIONS UNDER THE PATENTS ACT 1903.
IT is hereby notified that His Excellency the Governor-General, acting with the advice of the Federal Executive Council, has been pleased to make the following Provisional Regulations under the Patents Act 1903, to come into operation on the 1st day of June, 1904 (the day of the commencement of the said Act), and to certify that, on account of urgency, they should come into operation immediately on the commencement of that Act.
ANDREW FISHER,
Minister for Trade and Customs.
Image unavailable in extracted textPATENTS REGULATIONS.
SHORT TITLE.
1. These Regulations may be cited as "The Patents Regulations, 1904."
INTERPRETATION.
Interpretation.
2. In these Regulations—
" Foreign Application " means an application for the protection of an invention in—
(a) the United Kingdom or the Isle of Man; or
(b) any Foreign State with respect to which section 121 of the Act is, for the time being, in force ; or
(c) Any British possession to which section 121 of the Act has been applied with or without variations or additions.
" Convention Application " means an application under sections 121 and 122 of the Act.
" Conversion Application " means an application under section 7 of the Act, for the conversion of a State patent to a Commonwealth patent.
" The Act " means the Patents Act 1903.
C.6217.—Price 3s.
FEES.
Fees.
3. The fees to be paid under the Act and these Regulations shall be those specified in the First Schedule.
Such fees shall be paid in cash at the Patent Office on delivery there of the instrument, or upon the proceeding in respect of which the fee is payable, as the case may be.
The prescribed fee for preparation of the patent for sealing shall be paid within the time allowed for the sealing of the patent, and if not so paid, the application for the patent shall become abandoned.
FORMS.
Second Schedule.
4. The forms contained in the Second Schedule shall, as far as they are applicable, be used in any proceeding under the Act, or under these Regulations.
HOURS OF BUSINESS.
Hours of Business.
The Patent Office shall be open to the public every week day during ordinary office hours, except on public holidays.
PRIORITY OF APPLICATIONS UNDER SECTION 29.
Applications for patents lodged at the Patent Office under section 29 of the Act shall have priority according to the time when they were received at the Patent Office.
All applications lodged by being left with the principal officer at the Customs House in a State shall be deemed to have been received at the Patent Office at the time when they were so lodged.
For the purposes of this regulation time shall be reckoned according to the standard time in force in the State of Victoria.
APPLICATIONS.
Manner of lodging applications.
7. Every application for a patent must be left at or sent to the Patent Office, and may be sent by prepaid letter through the post, and must in every case be accompanied by the prescribed fee.
Manner of recording applications.
8. Every application for a patent left at the Patent Office shall be numbered in the order of its receipt, commencing at number one in each year.
Every application for a patent sent by prepaid letter through the post shall, as far as practicable, be opened and numbered in the order in which the letter containing it was delivered at the Patent Office.
Address for service.
9. Every application for a patent shall be accompanied by a statement of an address (hereinafter referred to as an address for service) to which all notices, requisitions, and communications of every kind may be sent by the Commissioner, and such statement shall thereafter be binding on the applicant, until notice of some other address for service has been furnished by him to the Commissioner. The address for service shall be within the Commonwealth, and, if the Commissioner so requires, in or near to the city in which the Patent Office is situate.
Certificate of correctness as to duplicate documents.
10. All duplicates of documents accompanying an application for a patent shall, by indorsement on the back of each sheet, be certified to be correct as to number and contents for the purposes of the Act, by the applicant, or one of the applicants, a patent attorney, or a solicitor.
Signature of applicant and witness.
11. Every application must be signed by all the applicants, whose signatures must be attested by a witness.
Application after revocation of patent obtained by fraud.
12. Where the applicant applies as the actual inventor after the revocation of a patent obtained in fraud of his rights, the application may be in the Form A10 in the Second Schedule hereto.
Amendment of provisional and complete specification before acceptance.
13. If, before an application accompanied by a provisional or complete specification has been examined, the person making the application desires to amend any of the documents filed, he may, with the consent of the Commissioner, do so without the payment of a fee.
Application for separate patent by way of amendment.
14. Where a person making application for a patent includes in his specification more than one invention he may, with the consent of the Commissioner, before acceptance, amend his complete specification, so as to apply to one invention only, and may make application for separate patents for each of the other inventions.
Where a person making application for a patent includes therein more than one invention, he may, after the refusal of the Commissioner to accept the application, amend it so as to apply to one invention only, and may make application for separate patents for each of the other inventions.
In either case every such new application shall, if the applicant notify his desire to that effect to the Commissioner, bear the date of the first application, and shall, together therewith, be proceeded with in the manner prescribed as if it had been originally made on that date.
Extension of time for leaving and accepting complete specifications.
15. Every application for an extension of time, for lodging a complete specification shall be made in the Form C1 in the Second Schedule, and shall state in detail the circumstances and grounds in and upon which the extension is applied for, and the Commissioner may require the applicant to substantiate such allegations by such proof as the Commissioner thinks necessary.
Time limit for acceptance of complete specification.
16. Every complete specification must be accepted within twelve months from the date of application, or within such extended period, not exceeding three months, as the Commissioner, on application within such twelve months, allows.
Notice and advertisement of acceptance.
17. On acceptance of an application with a provisional or complete specification, the Commissioner shall give notice thereof to the applicant, and shall, in the case of the acceptance of a complete specification, advertise such acceptance in the Gazette, or the official journal of the Patent Office.
Inspection of complete specification.
18. Upon the publication of such advertisement of acceptance, the application and complete specification or specifications, with the drawings, (if any), may be inspected at the Patent Office upon the payment of the prescribed fee.
Refusal to accept by Commissioner.
19. When the Commissioner refuses to accept an application and a complete specification, he shall notify the refusal to the applicant, and such notification shall be in the form F in the Second Schedule.
Advertisement of other proceedings.
20. All advertisements, notices, or documents, which by the Act or by these Regulations are required to be published, shall be advertised in the Gazette, or in the official journal of the Patent Office, or in such daily newspaper, as the Commissioner directs.
APPLICATION UNDER INTERNATIONAL AND COLONIAL ARRANGEMENTS.
Convention application.
21. Every convention application shall contain a declaration that a foreign application has been made, and shall specify all the countries in which foreign applications have been made, and the official date or dates thereof, respectively. The application must be made within twelve months from the date of the first foreign application, and must be
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accompanied by a complete specification, and be signed by the person or persons by whom the first foreign application was made, and be attested by a witness.
22. If such person, or any of such persons, is dead, the application must be signed by the legal representative of such dead person, as well as by the other applicants, if any.
Form of application.
23. Every convention application shall be made in the Form A6 in the Second Schedule.
Foreign specification to accompany application.
24. Every convention application, in addition to the specifications left therewith, must be accompanied by a copy or copies of the application, specification, and drawings or documents, filed or deposited by the applicant in the Patent Office of the British possession or foreign State in respect of the first foreign application, duly certified by the official chief or head of the Patent office of the British possession or foreign State, or otherwise verified to the satisfaction of the Commissioner.
Entry of application.
25. On receipt of such application, together with the prescribed specifications and the other documents accompanying it, and of such other proof of or relating to the foreign application or of the official date thereof (if any) as the Commissioner requires, the Commissioner shall record the official date of the first foreign application and of the convention application.
Public inspection allowed if not accepted.
26. If the complete specification left with the application is not accepted within twelve months from the date of the convention application, it shall, with the drawings (if any), be open to public inspection on payment of the prescribed fee.
Further proceedings.
27. Save as aforesaid, all proceedings in connexion with a convention application shall be taken within the times and in the manner prescribed by the Act or these Regulations for ordinary applications.
EXTENSION OF STATE PATENTS TO COMMONWEALTH PATENTS.
Application for extension of patent.
28. Every conversion application shall be made, in the Form A8 or A9 in the Second Schedule, and shall specify the official number and dates of the State patent or patents, and shall contain a declaration that the State patent or patents are in force.
Production of State patent or patents.
29. The Commissioner may, if he considers it desirable to do so, direct that the State patent or patents be produced for his inspection,
State specifications to accompany application.
30. The application must be signed by the applicant and attested by a witness, and, in addition to the specifications left therewith, be accompanied by a copy or copies of all the complete specifications and drawings upon which the State patents were granted.
Amendment subsequent to grant of State or States patents.
31. The applicant must state whether any amendment has been made in any document subsequent to the grant of the patent or patents, in any State or States, and the reason for, and the nature of, the amendment.
Amendments and objections to State or States patents.
32. The applicant must state, in writing, when lodging his application, if his application has been refused in any State or States, and the ground of such refusal, and, in the case of any objection having been raised to its acceptance in any State or States, he shall also state the nature of the objections, and the manner in which the objections were overcome.
Surrendered State patent.
33. It the applicant desires to surrender his State patent or patents, or any of them, every such State patent or patents shall accompany the application, and be cancelled by the Commissioner upon the sealing of a patent hereunder.
State patent or patents returned if application refused.
34. If the conversion application is refused, the State patent shall be returned to the applicant.
Fee.
35. The payment of the prescribed renewal fee on a conversion patent shall be reckoned as from the date of the conversion application.
Further proceedings.
36. Save as aforesaid, all proceedings in connexion with a conversion application shall be taken within the times and in the manner prescribed for ordinary applications.
APPLICATION FOR ADDITIONAL PATENT.
Application for additional patent.
37. Every application for an additional patent in respect of an improvement on an invention shall contain a declaration that the applicant is the patentee of the original invention and that the patent for that invention is in full force, and that the subject-matter of the invention is an improvement on the invention for which the patent was granted, and shall specify the official number, date, and title of the original patent, and of all previous additional patents, if any, that have been obtained in connexion therewith.
Application to be signed by applicant. Fee.
The application shall be in the Form A7 in the Second Schedule, and shall be signed by the applicant in the presence of a witness.
The time for payment of the prescribed renewal fee on an additional patent shall be reckoned as from the date of the additional patent.
Further proceedings.
40. Save as aforesaid, all proceedings in connexion with an additional application shall be taken within the times and in the manner prescribed for ordinary applications.
SIZE, ETC., OF DOCUMENTS.
Size of documents.
41. Subject to any directions given by the Commissioner, all documents and copies of documents sent to or left at the Patent Office, or furnished to the Commissioner or to the Court or the Law Officer, shall be written or printed in the English language on tough white paper of good quality, not thinner than 250 to 300 sheets per inch. The sheets shall be 13 inches by 8 inches, with a margin of not less than 2 inches at the left side, and one-half inch elsewhere.
Specifications.
The top half of the first sheet of specifications shall be left blank, and the writing or printing shall be on one side only.
The contents shall be written or printed in carbonaceous or other permanent ink, not affected by bleaching agents. If written, the writing shall be large and legible, not more than ten letters per inch, and with not more than two line spaces per inch. If printed, the type shall not be less than pica, and then shall not be more than three line spaces per inch.
The date and the signature shall be on the last page, which shall, in the case of the complete specification, also contain the conclusion of the claims, and, in the case of the provisional specification, the conclusion of the description of the nature of the invention.
Signatures.
The signatures to all documents must be written in full in a large and legible hand.
Duplicate documents.
In all cases, one duplicate of the provisional, and six duplicates of the complete specifications, shall be lodged with and at the same time as the originals.
Each such duplicate shall be marked " True Copy," and shall be signed by the applicant or his agent, and the responsibility that it is so must rest on the person so signing.
Duplicates of all other documents required by the Commissioner shall be left as directed by him.
SIZES AND METHODS OF PREPARING DRAWINGS ACCOMPANYING PROVISIONAL OR COMPLETE SPECIFICATIONS.
Drawings.
42. The provisional or complete specification need not be accompanied by drawings if the specification sufficiently describes the invention without them; but if drawings are furnished they should accompany the provisional or complete specification to which they refer, unless the applicant desires to adopt the drawings lodged with the provisional specification as the drawings for the complete specification, when they must be referred to as those "left with the provisional specification."
The drawings must show every feature of the invention covered by the specification.
When the invention consists of an improvement upon an old machine, the drawing must exhibit the invention disconnected from the old structure, and also, in another view, the specific improvement and such parts of the old structure as necessarily co-operate with it.
Drawings must be delivered at the Patent Office either flat or on rollers, so as to be free from creases, folds, or breaks.
Requirements as to paper, &c.
43. They must be made on pure white tough drawing paper, not thinner than 100 sheets per inch, of smooth surface and good quality, and without colour or Indian ink washes.
Size of drawings.
44. They must be on sheets 13 inches at the sides by 8 inches at the top and bottom. The illustrations shall be inside a border rectangle 12 inches by 7 inches, leaving a margin half-an-inch wide. When an exceptionally large drawing is essential, it may be drawn in sections on several detached sheets. There is no limit to the number of sheets. The illustrations should be numbered consecutively throughout.
Quality of ink, &c.
45. To insure their satisfactory reproduction on a reduced scale, all lines shall be in absolutely black Indian ink, and shall be uniform in thickness or gradation.
Section and shade lines shall not be closer than 30 per inch, and shading lines shall preferably be avoided.
Sections of plates and small pieces may be in solid black.
Reference letters and figures must be bold, distinct, not less than one-eighth of an inch in height, and should be placed in an upright position, and the same letters and figures must be used in different views of the same parts. Reference letters or figures shall be placed upon the larger parts, and to one side of the drawing, connected by a fine line to the smaller parts.
When the character of the drawings permits, such words as " plan," " elevation," and brief descriptive names of parts, such as " generator," " dipping tank," " high pressure cylinder," may be added ; but no connected description, phrase, or sentence, shall appear on the drawings.
Scale of drawings.
46. The scale adopted shall be large enough to show clearly wherein the invention consists, and only so much of the apparatus, machine, &c., need be shown as effects this purpose.
When the scale is shown on the drawing, it should be denoted, not by words, but by a divided line. Related drawings, such as " plan " and " elevation," shall be drawn to the same scale, and be arranged in proper relative positions, where practicable.
Drawings to bear name of applicant, &c.
47. Each sheet of the drawings shall be signed by the applicant or his agent, as near the lower right-hand corner inside the border line as may be convenient.
In the case of drawings left with a complete specification after a provisional specification, the number and date of the application shall be
given in the lower left-hand corner, outside the border line. The total number of sheets, and the number of each sheet, shall be stated on each sheet in the top right-hand corner, outside the border line.
No professional designation, or advertisements, or addresses, will be permitted upon the face of the drawings.
Duplicates of drawings.
48. A fac-simile or true copy of the original drawings must be lodged with the original drawings.
Tracing.
49. A fac-simile or true copy prepared on tracing cloth must also be lodged.
The words " Original " or " True Copy " must, in each case, be placed in the centre at the top of each sheet, outside the border line.
DECLARATIONS AND AFFIDAVITS.
Form, &c., of statutory declaration and affidavit.
50. The declarations and the affidavits required by these Regulations, or used in any proceeding thereunder, shall be headed in the matter or matters to which they relate, and shall be in the first person, and shall be divided into paragraphs consecutively numbered, and each paragraph shall, so far as possible, be confined to one subject. Every declaration or affidavit shall state the description and true place of abode of the person making it, and shall be written or printed bookwise, and shall bear the name and address of the person leaving it, and shall state on whose behalf it is left.
Manner in which, and persons before whom, declaration or affidavit is to be taken.
51. The declarations and affidavits required by the Act and these Regulations, or used in any proceedings thereunder, shall be made and subscribed as follows :—
(1) In Australia, before any Justice of the Peace, Notary Public, or any Commissioner or other officer authorized by law to administer an oath or take a declaration, as the case may be, for the purpose of any legal proceeding.
(2) In any place in the British Dominions, out of Australia, before any Court, Judge, or Justice of the Peace, or any officer authorized by law to administer an oath for the purpose of a legal proceeding.
(3) If made out of the British Dominions, before a British Minister or person exercising the functions of a British Minister, or a British Consul, Vice-Consul, or other person exercising the functions of a British Consul, or before a Notary Public, or before a Judge or Magistrate.
Notice of seal of officer taking declaration to prove itself.
52. Any document purporting to be a declaration and purporting to have affixed, impressed, or subscribed thereto or thereon the signature of any person hereby authorized to take a declaration in testimony of such declaration having been made and subscribed before him, may be admitted by the Commissioner without proof of the genuineness of such seal or signature, or of the official character of such person, or his authority to take such declaration.
EXERCISE OF DISCRETIONARY POWERS BY THE COMMISSIONER.
Exercise of discretionary power by Commissioner.
53. The Commissioner before exercising any discretionary power given to him by the Act adversely to an applicant for a patent or for amendment of a specification, shall give him ten days' notice at least of the time when he may be heard personally, or by his patent attorney, solicitor, or person authorized on his behalf, before the Commissioner.
Notice by applicant.
54. Within five days from the date when such notice would be delivered in the ordinary course of post, or such longer time as the Commissioner appoints in the notice, the applicant shall notify to the Commissioner whether he desires to be heard in the matter.
Failure by applicant to notify Commissioner as to hearing.
If the applicant fails to notify the Commissioner that he desires to be heard in the matter, the application shall be deemed to be abandoned.
Notification of decision after hearing.
After hearing the matter, the decision or determination of the Commissioner, together with the reasons therefor, shall be notified, in writing, to the applicant and any other person affected thereby.
OPPOSITION TO GRANT OF PATENTS.
Notice of opposition.
57. A notice of opposition to the grant of a patent shall be in the Form G in the Second Schedule, and shall state the grounds on which the person giving the notice (hereinafter called the opponent) intends to oppose the grant. Such notice must be signed by him or his patent attorney or solicitor, and must contain an address for service in the Commonwealth, or, if the Commissioner so requires, in or near to the city in which the Patent Office is situate, and shall be accompanied by a " true copy."
Copy of notice for applicant.
58. Immediately on receipt of such " true copy," it shall be furnished by the Commissioner to the applicant.
Particulars of prior patent.
59. Where the ground or one of the grounds of opposition is that the invention has been patented in the Commonwealth or in a State on an application of prior date, the number, date, and title of the prior patent shall be specified in the notice.
Opponent's evidence.
60. Within fourteen days after the lodging of the notice of opposition or within such further time, not exceeding one month, as the Commissioner within such fourteen days allows, the opponent shall leave at the Patent Office declarations in support of his opposition, and deliver to the applicant copies thereof.
Applicant's evidence.
61. Within fourteen days from the receipt of such copies, or such further time as the Commissioner, at a hearing for the purpose, or on proof of the consent of the parties engaged, allows, the applicant shall leave at the Patent Office declarations in answer, and deliver to the opponent or his agent copies thereof.
Opponent's evidence in reply.
62 Within fourteen days of the delivery of the declarations in answer, the opponent shall leave at the Patent Office declarations in reply, and deliver to the applicant or his agent copies thereof. Such last-mentioned declarations shall be confined to matters strictly in reply.
Copies of declarations.
63. Copies of the declarations mentioned in the last three preceding Regulations may be obtained from the Patent Office.
Closing of evidence.
64. No further evidence shall be left on either side, except by leave of the Commissioner upon the written consent of the parties duly notified to him, or by special leave of the Commissioner on application made to him for that purpose.
Either party making such application shall give three days' notice thereof to the opposite party, who shall be entitled to oppose the application.
Fee on application to leave further evidence.
65. Applications for leave to lodge further evidence shall be accompanied by the prescribed fee.
Appointment of time for leaving.
66. On the completion of the evidence, or at such other time as he sees fit, the Commissioner shall appoint a time for the hearing of the case, and shall give the parties at least seven days' notice of such appointment.
Notice of intention to appear.
67. If either party desires to be heard, he must, prior to the date fixed for the hearing, leave Form H of the Second Schedule, together with the prescribed fee, at the Patent Office.
The Commissioner may refuse to hear either party who has not left such form prior to the date of hearing.
Failure by opponent to lodge declarations.
68. If the opponent fails to leave, within the time allowed, declarations in support of his opposition, the opposition shall be deemed to have been abandoned.
Failure by applicant to lodge declarations.
69. If the applicant fails to lodge, within the time allowed, declarations in answer to opponent's declarations in support of the opposition, the application shall be deemed to have been abandoned.
Disallowance of opposition in certain cases.
70. On the hearing of the case, no opposition shall be allowed in respect of any ground not stated in the notice of opposition, and where the ground or one of the grounds is that the invention has been patented in the Commonwealth or a State on an application of prior date, the opposition shall not be allowed upon such ground, unless the number, title, and date of such prior application has been duly specified in the notice of opposition.
Notification of decision.
71. The decision of the Commissioner in the case shall be notified to the parties in writing.
APPEAL TO THE LAW OFFICER.
Notice of appeal.
72. When any person intends to appeal to the law officer from a direction of the Commissioner under section 43 of the Act, he shall, within 30 days from the date of the direction appealed against, leave at the Patent Office notice of appeal, and such notice of appeal must be accompanied by the prescribed fee.
Statement of grounds of appeal.
73. Such notice shall state the grounds of appeal, and whether the appeal is from the whole of the direction or part only, and, if so, what part of the direction, and be accompanied by a statement of the appellant's case.
Notice to law officer.
74. Upon notice of appeal being filed, the Commissioner shall forthwith transmit to the law officer all the matters relating to the application in respect of which the appeal is made.
Notice of hearing.
75. Seven clear days' notice at least of the time and place appointed for the heading of the appeal shall be given to the appellant and the Commissioner by the law officer.
Evidence.
76. The evidence used on appeal to the law officer shall be the same as that used at the hearing before the Commissioner, and no further evidence shall be given, save as to matters which have occurred or come to the knowledge of the appellant or the Commissioner after the date of the direction appealed against.
Hearing.
77. At the time and place appointed, the law officer shall hear the appellant and the Commissioner, and may adjourn or postpone the hearing, and shall at the hearing, or some adjournment or postponement thereof, decide whether, and subject to what conditions, if any, the application and specification shall be accepted, and shall notify his decision in writing to the parties.
APPEAL TO THE HIGH COURT OR TO THE SUPREME COURT.
Notice of appeal.
78. When any person intends to appeal to the High Court or to the Supreme Court from a decision of the Commissioner, he shall, within 30 days from the date of the decision, or such further time as the Court, by special leave on application made within such 30 days, allows, leave at the Patent Office, and with the opposite party, if any, notice in the Form Z in the Second Schedule, and file a copy of the notice in the Court.
Statement of grounds of appeal.
The notice shall be accompanied by a statement, in writing, of the grounds of appeal, and by the prescribed fee.
Transmission of documents.
The Commissioner shall forward to the proper officer of the Court office copies of all documents and evidence used on the hearing before him.
Cost of copies.
81. The appellant shall pay to the Commissioner the cost of preparing the office copies of the documents and evidence.
Procedure in Court.
82. The procedure in the Court in relation to the appeal shall be as directed by Rules of Court, or as the Court, or a Justice thereof, in each case, directs.
Dismissal for want of prosecution.
If the appellant fails to prosecute the appeal with due diligence, the Court, or a Justice thereof, may order it to be dismissed.
Evidence.
Subject to the direction and leave of the Court, or a Justice thereof, the evidence to be used on appeal from a decision of the Commissioner shall be the same as that used at the hearing before him.
Costs.
85. The Court, or a Justice thereof, may make such order as to the costs of the appeal and the costs of the proceedings before the Commissioner as it or he thinks ; but no costs shall be given against the Commissioner.
Commissioner entitled to be heard.
86. In all cases the Commissioner shall be entitled to be heard personally, or by counsel, as he thinks desirable.
AMENDMENT OF DOCUMENTS IN ACCOEDANCE WITH OFFICIAL REQUIREMENTS.
Application and specification.
87. The deletion of any matter in the application or specification shall be made by a fine-ruled red line. Insertions shall be made in red ink in the margin on the left-hand side, and their places in the body of the documents indicated by a letter or figure. If the amendments are, in the opinion of the Commissioner, of sufficient extent to warrant the lodging of fresh pages or the complete documents, the applicant shall, within a time to be fixed by the Commissioner, supply them. All amendments must be initialed and dated by the person authorized so to do.
Drawings.
88. The deletion of an illustration or portion thereof shall be effected by the placing thereon of a red cross embracing the whole or the portion to be so deleted, and the word " cancelled " shall be written across the illustration or the portion thereof, at the intersection of the cross lines, and near thereto shall be placed the initials of the applicant or the person authorized to act for him, together with the date.
Application to become abandoned if not amended.
89. If an applicant fails to amend the application or complete specification or the drawings within one month of the date of notice by the Commissioner, requiring him to do so, or such further time as the Commissioner on application allows, then, save in the case of an appeal being lodged in the prescribed manner from the Commissioner's direction or decision, the application shall be deemed to have been abandoned.
AMENDMENT OF SPECIFICATION BY REQUEST.
Amendment of provisional specification.
90. No amendment of a provisional specification or of the drawings lodged therewith shall, except in the case of clerical errors, be made by the direction of the Commissioner.
Request for leave to amend.
91. The request for leave to amend a complete specification shall be prepared and signed in the manner prescribed by section 71 of the Act, and must be accompanied by the prescribed fee.
It must also be accompanied by a duly certified copy of the original specification and drawings (if any), showing in red ink the proposed
amendment, and, if the complete specification has been accepted, shall be advertised, by publication of the request and the nature of the proposed amendment, in such Gazette, official journal of the Patent Office, or daily-newspaper, as the Commissioner directs.
When not made in pursuance of an order of the Court, or a Justice or Judge thereof, the request must, where a patent has been sealed, contain a statement that no action for infringement, nor proceeding for revocation, of the patent, is pending.
Leave by Order of the Court.
92. Where a request for leave to amend is made in pursuance of an order of the Court, or a Justice or Judge thereof, an official copy of the order shall be left, with the request, at the Patent Office.
Notice of opposition.
93. A notice of opposition to the amendment shall be in the Form K in the Second Schedule, and shall state the ground or grounds on which the person giving, such notice (hereinafter called the opponent) intends to oppose the amendment, and shall be signed by him.
The notice shall be accompanied by the prescribed fee.
Such notice shall state his address for service in the Commonwealth, or, if the Commissioner require, in or near the city in which the Patent Office is situate, and shall be accompanied by a true copy.
Copy for applicant.
94. On receipt of such notice, the true copy shall be sent by the Commissioner to the applicant or patentee, as the case may be (hereinafter called the applicant).
Opponent's evidence.
95. Within fourteen days after the expiration of one month from the date of the advertisement of the request for leave to amend, the opponent shall leave at the Patent Office declarations in support of his opposition, and shall deliver to the applicant copies thereof.
Applicant's evidence.
96. Within one month from the receipt of such copies, or such further time as the Commissioner may, at a hearing for the purpose, or on proof of the consent of the parties allow, the applicant shall leave at the Patent Office declarations in answer, and deliver to the opponent or his agent copies thereof.
Opponent's evidence in reply.
97. Within fourteen days of the delivery of the declarations in answer, the opponent shall leave at the Patent Office declarations in reply, and deliver to the applicant or his agent copies thereof. Such last-mentioned declarations shall be confined to matters strictly in reply.
Copies of declarations.
98. Copies of the declarations mentioned in the last three preceding Regulations may be obtained from the Patent Office.
Closing of evidence.
99. No further evidence shall be left on either side, except by leave of the Commissioner, upon the written consent of the parties, duly notified to him, or by special leave of the Commissioner on application made to him for that purpose.
Either party making such application shall give three days' notice thereof to the opposite party, who shall be entitled to oppose the application.
Fee on application to leave further evidence.
The fee prescribed in the First Schedule shall be paid on application for leave to lodge further evidence.
Appointment of time for hearing.
On the completion of the evidence, or at such other time as he sees fit, the Commissioner shall appoint a time for the hearing of the case, and shall give the parties at least seven days' notice of such appointment.
Notice of intention to appear.
102. If either party desires to be heard, he must, prior to the date fixed for the hearing, leave Form H in the Second Schedule, together with the prescribed fee, at the Patent Office.
The Commissioner may refuse to hear either party who has not left such form prior to the date of hearing.
Failure by opponent to lodge declarations.
103. If the opponent fails to leave, within the time allowed, declarations in support of his opposition, the opposition shall be deemed to have been abandoned.
Failure by applicant to lodge declarations.
104. If the applicant fails to lodge within the time allowed declarations in answer to opponent's declarations in support of the opposition, the application shall be deemed to have been abandoned.
Ground of appeal.
105. On the hearing of the case, no opposition shall be allowed on any other grounds than that the specification, if amended as desired, would make the specification claim an invention substantially larger than or substantially different from the invention claimed by the specification before amendment.
Fresh documents required on leave to amend being granted.
106. Where a request for leave to amend is granted, the applicant shall, if the Commissioner so requires, and within a time to be fixed by him, leave at the Patent Office a new specification and drawings as amended, to be prepared in accordance with the Regulations relating thereto.
Advertisement of the amendment.
107. Every amendment of a complete specification made under Division 4 Part IV. of the Act shall be advertised by the Commissioner in the Gazette, or in the official journal of the Patent Office, and in such other manner (if any) as the Commissioner directs.
REGISTER OF PATENTS.
Entry of grant.
108. Upon the sealing of every patent, or additional patent, or conversion patent, the Commissioner shall cause to be entered in the Register of Patents the name, address, and description of the patentee as the grantee thereof, and the title of the invention.
Additional conversion and convention patents.
109. There shall be also entered in the Register, in the case of an additional patent, the number and date of the original patent, and the title of the original invention, and, in the case of a conversion patent, the name of the State, and the numbers and dates of the patents granted under the State Patents Acts, and, in the case of a patent upon a convention application, the date upon which the first foreign application was made.
Request for entry of subsequent proprietorship.
110. Where a person becomes entitled to a patent, or to any share or interest therein, or licence thereunder, by assignment, transmission, or other operation of law, either throughout the Commonwealth, or a State or States, or for any place or places therein, a request for the entry of his name in the Register, as such complete or partial proprietor or licensee of the patent, or of such share or interest therein, as the case may be, shall be addressed to the Commissioner, and left at the Patent Office.
Form and signature of request.
111. Such request shall be in the Form Q or in the Form R, as the case requires, in the Second Schedule, and shall in the case of individuals, be made and signed by the person requiring to be registered as proprietor or licensee, or by his agent duly authorized, to the satisfaction of the Commissioner, and, in the case of a body corporate, by its agent, authorized in like manner.
Contents of request.
112. Every such request shall state the name, address, and description of the person claiming to be entitled to the patent, or to any share or interest therein or licence thereunder, and the particulars of the assignment, transmission, or other operation of law, by virtue of which he claims to be entered in the Register as proprietor or licensee, so as to show the manner in which, and the person or persons to whom, the patent, or licence thereunder, or the share or interest therein, has been assigned or transmitted.
Transfer of deed.
113. Every assignment of a patent, or of any licence, or of any share or interest therein, shall be by deed, and shall be under the hand and seal of the assignor and transferee, and be attested; provided that any assignment of a patent may be indorsed on the back of the patent in the Form T in the Second Schedule, under the hand and seal of the proprietor of the patent and the transferee.
Production of documents of title and other proof.
114. Every assignment and every other deed and document containing, giving effect to, or being evidence of, the transmission of a patent, or affecting the proprietorship thereof, as claimed by such request, including every patent indorsed as provided by section 21 of the Act, but excepting such documents as are matters of record, shall, unless the Commissioner in his discretion otherwise directs, be produced to him, together with the request, and such other proof of title as he requires for his satisfaction.
As to a document which is a matter of record, an official or certified copy thereof shall in like manner be produced to the Commissioner.
Copies for Patent Office.
115. An attested copy of every deed and document affecting the proprietorship of any patent, or of any share or interest or licence thereunder, shall be left with the request.
Body corporate.
116. A body corporate may be registered as proprietor by its corporate name.
Entry of Orders of the Court.
117. When an order has been made by the High Court, or the Supreme Court, or a Justice thereof, for the extension of a patent or part of a patent for a further term, or for the grant of a new patent, or for the revocation of a patent, or for the rectification of the Register, or otherwise affecting the validity or proprietorship of a patent, the person in whose favour such order has been made shall forthwith leave at the Patent Office an office copy of the order. The Register shall thereupon be rectified, or the purport of the order shall be entered in the Register, as the case requires.
Entry of date of payment of renewal fees.
118. Upon the issue of a certificate of payment of any renewal fee, the Commissioner shall cause to be entered in the Register a record of the amount and date of payment of the fee.
Entry of failure to pay fees.
119. It a patentee fails to make any prescribed payment within the prescribed time, a notification of the fact shall be entered in the Register.
Entry of licences and other documents.
120. A copy of every licence granted under a patent, or of any other document purporting to affect the proprietorship of a patent, shall be left at the Patent Office, with a request in the Form R in the Second Schedule that a notification thereof may be entered in the Register. The accuracy of such copy shall be certified as the Commissioner may direct, and the original document shall, at the same time, be produced and left at the Patent Office, if required, for further verification.
Hours of inspection of Register.
121. The Register of Patents shall be open to the inspection oi the public during office hours on every day during which the Patent Office is open, except on the days and at the times following :—
(a) Public Holidays.
(b) Days which may from time to time be notified by a placard posted in a conspicuous place at the Patent Office.
(c) Times when the Register is required for any purpose of official use.
Certified copies of documents.
122. Certified copies of any entry in the Register, or certified copies of, or extracts from, patents, specifications, disclaimers, affidavits, declarations, and other public documents in the Patent Office, or of or from Registers and other books kept there, may be furnished by the Commissioner, on payment of the prescribed fee.
PAYMENT OF RENEWAL FEE FOR CONTINUANCE OF PATENT.
Payment of fees.
123. If a patentee intends to keep his patent in force after the expiration of the seventh year from the date thereof, he shall, before the expiration of that year, pay the renewal fee.
Enlargement of time for payment of fees.
124. An application for enlargement of the time for making the prescribed payment shall be in the Form P in the Second Schedule, and shall be accompanied by the prescribed fee for such enlargement. The application shall state in detail the circumstances in which the patentee by accident, mistake, or inadvertence, failed to make such payment, and the Commissioner may require the patentee to substantiate, by such proof as he thinks necessary, the allegations contained in the application for enlargement.
Certificate of payment.
125. The Commissioner shall give to the patentee paying the renewal fee a certificate that it has been paid.
COMPULSORY LICENCES AND REVOCATION OF PATENTS.
Petition for compulsory licences or revocation of patent.
126. A petition to the Commissioner for an order under section 87 of the Act shall be in Form L in the Second Schedule hereto, and shall clearly show the nature of the petitioner's interest, and the grounds upon which he claims to be entitled to relief; and shall state in detail the circumstances of the case, the terms upon which he asks that an order be made, and the purport of the order asked for, and the name and address of the patentee, and of every other person against whom the order is sought.
To be left with evidence at the Patent Office.
127. The petition, and an examined copy thereof, shall be left at the Patent Office, accompanied by affidavits or declarations in proof of the allegations contained in the petition, together with any other documentary evidence in support; and the petitioner shall deliver copies of the petition and documents accompanying it to each respondent.
Evidence of patentee or other person against whom default is alleged.
128. The persons to whom such copies are delivered by the petitioner may, within fourteen days after being invited to do so by the Commissioner, leave at the Patent Office affidavits or statutory declarations in answer to the petition, and, if they do so, shall deliver copies thereof to the petitioner.
Petitioner's evidence in reply.
129. The petitioner may, within fourteen days after the leaving of the respondent's affidavits or declarations, leave at the Patent Office his affidavits or declarations in reply, and deliver copies thereof to the respondents. Such last-mentioned affidavits or declarations shall be confined to matters strictly in reply.
Closing of evidence.
130. No further evidence shall be left on either side, except by leave of the Commissioner upon the written consent of the parties duly notified to him, or by special leave of the Commissioner, on application made to him for that purpose.
Further proceedings.
131. The Commissioner shall, if the petition is not abandoned, hear the parties and deal with the petition as directed by section 87 (3) of the Act.
GENERAL.
Manner of sending notices, &c.
132. Any application, statement, notice, or other document, authorized or required to be left, made, or given at the Patent Office, or to the Commissioner, or to any other person, under these Regulations, may be sent by a prepaid letter through the post, and, if so sent, shall be deemed to have been left, made, or given, at the time when the letter containing it would be delivered in the ordinary course of post.
Amendment of documents.
133. Any document, for the amending of which no special provision is made by the Act, may be amended, and any irregularity in procedure, which in the opinion of the Commissioner may be obviated without
detriment to the interests of any person, may be corrected, if, and on such terms as, the Commissioner thinks fit.
Enlargement of time for leaving or accepting complete specification.
134. An application for enlargement of the time for leaving or accepting a complete specification shall be lodged in the Patent Office seven clear days before the original time for leaving or acceptance expires, and shall state in detail the circumstances and grounds in and upon which the enlargement is applied for ; and the Commissioner may require the applicant to substantiate such allegations by such proof as the Commissioner thinks necessary.
Commissioner may enlarge time.
135. The time prescribed by these Regulations for doing any Act, or taking any proceeding thereunder, may be enlarged by the Commissioner if he thinks fit, and upon such notice to other parties and proceedings thereon, and upon such terms, as he directs.
Notice to Commissioner of application for rectification of Register.
136. Four clear days' notice of every application to the Supreme Court for rectification of the Register of Patents shall be given to the Commissioner.
Power of Commissioner to dispense with evidence, &c.
137. Where, under these Regulations, any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or any body corporate, or any document or evidence is required to be produced to, or left with, the Commissioner, or at the Patent Office, and it is shown, to the satisfaction of the Commissioner, that, from any reasonable cause, such person is unable to do such act or thing, or to sign such document, or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Commissioner, and upon the production of such other evidence, and subject to such terms as he may think fit, to dispense with any such act or thing, document, declaration, or evidence.
Agency.
138. All documents, with the exception of the documents required by the Act or Regulations to be signed by the applicant, may be signed by, and all attendances upon the Commissioner may be made by or through a patent attorney, or a solicitor, duly authorized to the satisfaction of the Commissioner and resident in the Commonwealth, and, if the Commissioner so require, in or near the city in which the Patent Office is established.
Commissioner's discretion as to agents.
139. The Commissioner shall not be bound to recognise as an agent any patent attorney whose name has been removed from the Register of Patent Attorneys kept under the provisions of this Act and has not been restored. The Commissioner may in his discretion refuse to recognise any patent attorney or solicitor whose conduct, in the Commissioner's opinion, is calculated to prejudice the applicant's interest, and may call on the applicant to appoint some other patent attorney or solicitor, or to communicate himself direct with the Commissioner. In any particular case the Commissioner may, if he thinks fit, require the personal signature or presence of an applicant, opponent, or other person.
Address for service and appointment of agent.
140. Any address for service or appointment of agent left at or sent to the Patent Office shall thereafter be binding on the applicant until substitutory documents shall be furnished by him to the Commissioner.
REGISTRATION OF PATENT ATTORNEYS.
Register of patent attorneys.
141. A register shall be kept by the Commissioner for the registration of patent attorneys.
Duties, &c., of patent attorneys.
142. Patent attorneys shall be entitled to prepare all documents and deeds and transact all business and proceedings for the purposes of the Act and these Regulations, and the State Patent Acts and communications between patent attorneys and their clients shall be privileged to the same extent as communications between solicitor and client.
Contents of Register.
143. The register shall contain in one list the names of all the patent attorneys who are registered under the Act and these Regulations. Such list shall be made out alphabetically according to the surnames of the registered persons, and shall contain in addition the full name of each registered person, together with his designation, address, and the date of his registration.
The Register shall be in the form A in the Third Schedule.
Printed copies to be published.
144. The Commissioner shall publish in the Gazette or official journal of the Patent Office in the month of January in each year a list of all patent attorneys whose names are on the Register. The list so published shall be admissible as evidence.
Registration of attorneys.
145. Any person who is desirous of being registered as a patent attorney under the provisions shall lodge with the Commissioner at the Patent Office a declaration in the Form B or C in the Third Schedule, as the case requires, and such further or other proof of the allegations as the Commissioner requires.
Upon receipt of such declaration, or of such further or other proof to his satisfaction, and upon payment of the prescribed fee of £5, the Commissioner shall cause the name of such person to be entered in the Register, and shall issue to him a certificate under the hand of the Commissioner and the seal of the Patent Office in the Form D in the Third Schedule.
Certificate of Board.
146. Except as hereinbefore provided, no person shall be entitled to be registered as a patent attorney unless he has passed, and produces or transmits to the Commissioner a certificate in the Form E in the Third Schedule that he has passed the patent attorneys' examination.
Correction of Register of patent attorneys.
147. The Commissioner shall insert in the Register of Patent Attorneys any alteration which is notified to him in writing, or which comes to his knowledge, in the address of any patent attorney, and shall erase from the Register the name of any person whom he knows to be dead or to have permanently left the Commonwealth.
Erasure of names of persons who have ceased to practise.
148. The Commissioner may erase from the Register the name of any person who has ceased to practise as a patent attorney, but not (save as hereinafter provided) without the consent of that person. For the purposes of this Regulation the Commissioner shall send a notice by post or otherwise to such person to his registered address, requiring him to state whether or not he has ceased to practise, or whether he has changed his residence, and if, within three months from the date of sending such notice, the Commissioner does not receive a reply thereto from the said person, he may erase the name of that person from the Register, and that person shall, for the purpose of this Regulation, be deemed to have ceased to practise as a patent attorney.
Erasure of name for non-payment of fee.
149. If any patent attorney fails to pay the annual fee specified in the First Schedule within one month from the day on which it becomes payable, the Commissioner shall send, by post or otherwise, to his registered address a notice requiring him to pay the fee on or before a day to be named in the notice, and if he does not, within one month from the day mentioned in such notice, pay the fee, the Commissioner may erase his name from the Register. Provided that the name so erased may be restored by the Commissioner on such grounds and subject to such conditions as the Commissioner thinks fit.
Commissioner to act on evidence.
150. The Commissioner in each case shall, subject to these Regulations, act in the execution of his duty on such evidence as he may deem sufficient, and his decision shall in each case be notified by him to the registered person, at his registered address.
Erasure of incorrect entries.
151. The Commissioner may erase from the Register any entry therein which has been proved to his satisfaction to have been incorrectly made, or to have been procured by fraud.
Erasure of names of persons convicted of crime, and persons guilty of disgraceful conduct.
152. The Commissioner may erase from the Register the name of a person who has been proved to his satisfaction—
(a) to have been convicted of a crime involving fraud or dishonesty, or of a disgraceful crime ; or
(b) to have been guilty of disgraceful professional conduct in his practice as a patent attorney.
No person whose name has been erased from the Register under this Regulation shall have his name restored to the Register except by order of the Minister, and subject to such conditions as he sees fit to impose.
Restoration of erased name.
The name of any person erased from the Register at the request of such person, or with his consent, may be restored to the Register by the Commissioner on application made to him, and on payment of such fee, and subject to such terms, as the Commissioner thinks fit.
EXAMINATION OF CANDIDATES FOR REGISTRATION AS PATENT ATTORNEYS.
155. There shall be a Board of Examiners, consisting of the Commissioner and two or more competent persons appointed by the Minister, to be members of the Board.
Chairman of Board of Examiners.
156. The Commissioner shall be chairman of the board; but, in the absence of the chairman from any meeting of the board, the other members of the Board may appoint one of their number to be chairman for that meeting.
In the case of an equality of votes, the chairman for the time being shall have a casting as well as a deliberative vote.
Quorum.
Two members shall form a quorum of the Board for the transaction of business.
The Board may appoint some officer of the Patent Office to be Secretary to the Board.
Duties of Secretary.
159. The secretary shall keep a minute book and record therein all business transacted by the board at their meetings, and such minutes shall be confirmed at the subsequent meeting, and shall be signed by the member for the time being in the chair.
Examination by Board.
160. The Board shall, if necessary, hold in every year an examination of candidates in the months of February and July.
Application by candidates.
161. Every candidate for admission to practise as a patent attorney shall, at least 30 days before the date appointed for holding any examination, lodge with the secretary an application in Form F, a declaration in Form G, and a certificate in Form H, in the Third Schedule, and pay the examination fee.
Secretary to summon applicants.
162. The secretary shall summon the candidates to be present at the time and place fixed by the Board for the examination, and the candidates shall, in the presence of the Board, or an examiner, give answers to the papers prepared by the Board.
Board to be examiners.
163. The members of the Board shall act as examiners of candidates, but they may appoint examiners to assist in the conduct of examinations of candidates.
Time limit for each paper.
164. Three hours shall be allowed the candidate to answer the questions on the paper relating to each subject.
EXAMINATION.
Subjects for examination.
The examination shall be on the following subjects :—
(1) Patent and trade marks law of the Commonwealth, including the practice of the Patent Office.
(2) The preparation of a provisional and complete specification to be attached to an application for any kind of invention named by the Board.
(3) Patent and trade marks case law.
(4) The patent and trade marks law and practice of England and other countries.
The Board may from time to time specify the books of reference to be studied by candidates for examination, but six months' notice shall be given before any alteration in the books so specified is made.
Examination papers.
167. The examination shall be by papers prepared on each subject, on each of which shall not be more than ten questions, and a member of the Board, or an examiner appointed by the Board, shall be present during the whole time of the examination.
Certificate of Board.
168. If the Board are satisfied as to the proficiency and fitness of a candidate at an examination, it shall issue to him a certificate in the Form E in the Third Schedule.
Candidate may present himself at subsequent examinations.
169. If any candidate does not present himself at, or fails to pass, any examination at which he has given notice of his intention to present himself, he shall be entitled, upon giving at least 30 days' notice in writing to the secretary, and otherwise complying with the requirements of these Regulations, to present himself at any subsequent examination.
Board may make inquiries as to the moral fitness of candidates.
170. The Board may make any inquiries they may deem necessary and proper as to the moral fitness of any person applying to be examined as a candidate for admission to practise as a patent attorney, and if, in consequence of such inquiries, the Board are of opinion that the candidate is unfit to be admitted to practise as a patent attorney, they may, in their discretion, refuse to grant a certificate to the candidate.
MISCELLANEOUS.
171. No person other than the Commissioner shall use or advertise the words " Patent Office " or " Office for obtaining Patents," or words of similar import in connexion with his office or business, or shall place them on any building in such a manner as to be likely to deceive or mislead; and every person guilty of a contravention of this Regulation shall be liable to a penalty of Ten pounds.
Image unavailable in extracted textImage unavailable in extracted textFIRST SCHEDULE.
FEES.
As set out in the Second Schedule of the Act.
£
s.
d.
On filing application for patent.........................................................
1
0
0
On acceptance of complete specification..................................................
2
0
0
For preparation of patent for sealing.....................................................
5
0
0
On the expiration of the seventh year of the period of the patent...................................
5
0
0
On filing notice of opposition.........................................................
2
0
0
First Schedule—continued.
Fees payable on and in connexion with Letters Patent in Addition to those set out in the Second Schedule to the Act.
Image unavailable in extracted textTHE SECOND SCHEDULE.
Image unavailable in extracted textINDEX TO PATENT FORMS.
Page
A. Application for a patent—By an actual inventor or two or more actual inventors or his or their assignee, agent, attorney, or nominee
21
A 1. „ „ By an assignee or assignees of the actual inventor jointly with the actual inventor or inventors
22
A 2. „ „ By the nominee of the actual inventor jointly with the assignee of the actual inventor..........
23
A 3. „ „ By the legal representative or assignee of a deceased actual inventor or inventors.............
24
A 4. „ „ For an invention communicated from abroad.....................................
25
A 5. „ „ On behalf of a company as assignee of the actual inventor............................
26
A 6. „ „ Under international arrangements............................................
27
A 7. Application for an additional patent—By a Commonwealth patentee or patentees.......................
28
A 8. Application for conversion of a State patent or States patents to a Commonwealth patent—By a patentee under a State or States Patent Act or Acts
29
A 9. Application for partial conversion of a State patent or States patents to a Commonwealth patent—By a patentee under a State Patents or States Patents Act or Acts
30
A 10. Application for a patent after revocation of a patent obtained in fraud —By the actual inventor.............
31
B. Provisional specification..............................................................
32
C. Complete specification...............................................................
33
C 1. Application for extension of time for leaving a complete specification...............................
34
C 2. Application for extension of time for acceptance of a complete specification..........................
35
D. Statement of address—Where application is made without an agent.................................
36
E. Statement of address and appointment of agent...............................................
37
F. Notice by Commissioner of his refusal to accept..............................................
38
G. Opposition to grant of patent...........................................................
39
H. Application for hearing by the Commissioner in cases of refusal to accept opposition, or applications for amendment, &c.
40
I. Form of notice that hearing before the Commissioner will be attended................................
41
J. Application to amend specification or drawings...............................................
42
K. Opposition to amendment of specification or drawings..........................................
43
L. Request for presentation and consideration of a petition for compulsory grant of licence or revocation of patent, and for the reference thereof to the Court
44
M. Opposition to petition for compulsory grant of licence or revocation of patent)..........................
45
N. Application for certificate of renewal.....................................................
46
O Certificate of renewal................................................................
47
P. Application for enlargement of time for payment of renewal fee....................................
48
Q. Request to enter name upon the Register of Patents............................................
49
R. Request to enter notification of licence or other document in the Register of Patents.......................
50
S. Application for duplicate of patent.......................................................
51
T. Endorsement of assignment upon Letters Patent under section 21...................................
52
U. Request for correction of clerical error.....................................................
53
V. Certificate of Commissioner...........................................................
54
W. Notice for alteration of an address in Register...............................................
55
X. Application for entry of order of the High Court or the Supreme Court in the Register.....................
56
Y. Appeal to law officer................................................................
57
Z. Appeal to the High Court or the Supreme Court...............................................
58
Form A.
(To be accompanied by
2 copies of Form B or
7 copies of Form C.)
THE SECOND SCHEDULE.
Image unavailable in extracted textAustralia. [Patents.]
Patents Act 1903.
APPLICATION FOR A PATENT.
(By an Actual Inventor or two or more Actual Inventors, or his or their Assignee Agent, Attorney, or Nominee.)
(1) Here insert (in full) Name of Applicant or Applicants.
Image unavailable in extracted text, (1)
(2) Here insert (in full) Address or Addresses.
of, (2)
(3) Here insert Occupation or Occupations.
(3)
(4) Here insert Title of Invention.
hereby apply that a Patent may be granted to Image unavailable in extracted textfor an invention entitled (4)
and Image unavailable in extracted text do hereby declare that Image unavailable in extracted textImage unavailable in extracted text (5) *
(5) The Actual Inventor or Inventors; or the Agent, Attorney, or Nominee of the Actual Inventor or Inventors.
the actual inventor thereof, and verily believe that Image unavailable in extracted textImage unavailable in extracted text entitled to such Patent under the provisions of the Commonwealth Patents Act 1903.
Dated this day of a.d. 190
and Image unavailable in extracted text make this declaration conscientiously believing the same to be true.
(6) Name or Names in full.
Signature of Applicant—(6) Signature of Witness—(6)
To the Commissioner of Patents,
Commonwealth of Australia.
* Where the applicant is not the actual inventor, insert particulars set forth in section 32.
Who may apply for a Patent.
Section 32.—Any person, whether a British subject or not, may make an application for a Patent.
(2) Two or more persons may make joint application for a Patent, and a Patent may be granted to them jointly.
(3) Any of the following persons may make application for a Patent:—
(a) The actual inventor ; or
(b) his assignee, agent, attorney, or nominee ; or
(c) the actual inventor or his nominee jointly with the assignee of a part interest in the invention ; or
(d) the legal representative of a deceased actual inventor or of his assignee ; or
(e) any person to whom the invention has been communicated by the actual inventor, his legal representative, or assignee (if the actual inventor, his legal representative, or assignee is not resident in the Commonwealth).
Form A1.
(To be accompanied by
2 copies of Form B or
7 copies of Form C.)
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
APPLICATION FOR A PATENT.
(By the Actual Inventor jointly with the Assignee of a part interest in the Invention.)
(1) Here insert (in full) Name, Address, and Occupation of Applicant or Applicants.
We, (1)
(2) Here insert Title of Invention.
hereby apply that a Patent may be granted to us for an invention for (2)
(3) Here insert (in full) Name of Assignee or Assignees.
and Image unavailable in extracted text (3)
(4) Here insert (in full) Name of Actual Inventor or Inventors.
do hereby sincerely declare that Image unavailable in extracted text the Assignee of a part interest in the said invention from (4)
(5) Here insert (in full) Names of Actual Inventor or Actual Inventors and Assignee or Assignees.
And we further sincerely declare that we, the said (5)
(4) Here insert (in full) Name of Actual Inventor or Inventors.
are in possession of the said invention, and that the said (4)
Image unavailable in extracted text the Actual Inventor thereof, and that the same is not in use within the Commonwealth of Australia by any other person or persons, to the best of our knowledge and belief.
And we make this declaration, conscientiously believing the same to be true.
Dated this day of a.d. 190 .
(6) Name or Names in full.
Signature of Applicants—(6) Signature of Witnesses—(6)
Form A2.
(To be accompanied by 2 copies of Form B or 7 copies of Form C.)
THE SECOND SCHEDULE.
Image unavailable in extracted textAustralia. [Patents.]
Patents Act 1903.
APPLICATION FOR A PATENT.
(By the Nominee of the Actual Inventor jointly with the Assignee of a part interest in the Invention.)
(1) Here insert (in full) Names, Addresses, and Occupations of Applicants.
We, (1)
(2) Here insert Title of Invention.
hereby apply that a Patent may be granted to us for an Invention for (2)
(3) Here insert (in full) Name of Nominee of Actual Inventor or Inventors.
and I, the said (3)
(4) Here insert (in full) Name of Actual Inventor or Inventors.
do hereby sincerely declare that I am the Nominee of the Actual Inventor (4)
(5) Here insert (in full) Name of Assignee or Assignees of Actual Inventor or Inventors.
And I, the said (5)
do hereby sincerely declare that I am the Assignee of a part interest in the said Invention from (4) (3)
And we further sincerely declare that we, the said (3)
and (5)
are in possession of the said invention, and that the said (4)
Image unavailable in extracted text the Actual Inventor thereof, and that the same is not in use within the Commonwealth of Australia by any other person or persons, to the best of our knowledge and belief.
And we make this declaration, conscientiously believing the same to be true.
Dated this day of 190 .
(6) Names in full.
Signature of Applicants—(6) Signature of Witnesses—(6)
Form A3.
(To be accompanied by 2 copies of Form B or 7 copies of Form C.)
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
APPLICATION FOR A PATENT.
(By the Legal Representative or Assignee of a Deceased Actual Inventor or Inventors.)
(1) Here insert (in full) Name, Address, and Occupation of Applicant or Applicants.
Image unavailable in extracted text (1)
(2) Here insert whether Legal Representative or Assignee of the Deceased Actual Inventor or Inventors.
the (2)
(3) Here insert (in full) Name of Deceased Actual Inventor or Inventors.
of the deceased Actual Inventor (3)
(4) Here insert Title of Invention.
do hereby apply that a Patent may be granted to Image unavailable in extracted text for an invention for(4)
and Image unavailable in extracted text do hereby declare that Image unavailable in extracted text in possession of the said invention, and that the said (5)
(5) Here insert (in full) Name of Actual Inventor or Inventors.
Image unavailable in extracted text the Actual Inventor thereof, and that the same is not in use within the Commonwealth of Australia by any other person or persons, to the best of Image unavailable in extracted text knowledge and belief.
And Image unavailable in extracted text make this declaration, conscientiously believing the same to be true.
Dated this day of a.d. 190 .
(6) Name or Names in full.
Signature of Applicant—(6) Signature of Witnesses—(6)
Form A4.
(To be accompanied by 2 copies of Form B or 7 copies of Form C.)
THE SECOND SCHEDULE.
Image unavailable in extracted textAustralia. [Patents.]
Patents Act 1903.
APPLICATION FOR A PATENT FOR AN INVENTION COMMUNICATED FROM ABROAD.
(By the Actual Inventor, his Legal Representative, or Assignee.)
(1) Here insert (in full) Name of Applicant.
I, (1)
(2) Here insert full Address.
of (2)
(3) Here insert Occupation of Applicant.
in the Commonwealth of Australia (3)
(4) Here insert Title of Invention.
do hereby declare that I am in possession of an invention the title of which is (4)
(5) Here insert (in full) Name of Actual Inventor, Legal Representative, or Assignee.
which invention has been communicated to me by (5)
(6) Here insert full Address of Communicant.
of (6)
(7) Here insert Occupation of Communicant.
(7) the (8) thereof
(8) State whether Actual Inventor, or Legal Representative, or Assignee of the Actual Inventor.
and that the same is not in use within the Commonwealth of Australia by any other person or persons, to the best of my knowledge and belief; and I hereby apply that a Patent may be granted to me for the said invention; and I do hereby sincerely declare that the said Communicator is not resident within the Commonwealth of Australia.
And I make this declaration conscientiously believing the same to be true.
*
Dated this day of a.d. 190 .
(9) Name in full.
Signature of Applicant—(9) Signature of Witness—(9)
Form A5.
(To be accompanied by 2 copies of Form B or 7 copies of Form C.)
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
APPLICATION FOR A PATENT ON BEHALF OF A COMPANY AS ASSIGNEE OF THE ACTUAL INVENTOR.
(1) Here insert (in full) Names of Principal Officers.
We, (1)
(2) State Position, as " President," or " Director," and " Secretary."
being respectively (2)
(3) Here insert (in full) Title and Address of Company.
of the (3)
(4) Here insert Title of Invention.
and being duly authorized by the managing body of the said company to make this application, hereby apply, on behalf of the said company, for a Patent, and that the same may be granted to us on their behalf, for an invention for (4)
(5) Here insert (in full) Name of Actual Inventor or Inventors.
And we do hereby sincerely declare that the said company are the assignees of the said invention from (5)
And we further sincerely declare that the said company are in possession of the said invention, and that the said (5)
is the actual inventor thereof, and that the same is not in use within the Commonwealth of Australia by any other person or persons, to the best of our knowledge and belief.
And we make this declaration conscientiously believing the same to be true.
Dated this day of a.d. 190 .
(6) Names in full.
Signature of Applicants (6) Signature of Witnesses (6)
Form A6.
(To be accompanied by 2 copies of Form B or 7 copies of Form C.)
THE SECOND SCHEDULE.
Image unavailable in extracted textAustralia. [Patents.]
Patents Act 1903.
APPLICATION FOR A PATENT UNDER INTERNATIONAL ARRANGEMENTS.
(1) Here insert (in full) Name or Names of Applicant or Applicants.
Image unavailable in extracted text (1)
(2) Here insert Address and Occupation of Applicant or Applicants.
of (2)
hereby apply for a Patent, and that the same be granted to Image unavailable in extracted text in priority to other applicants, for an invention for (3)
(3) Here insert Title of Invention.
and that such Patent shall have the date (4)
And Image unavailable in extracted text the said (1)
do hereby sincerely declare that Image unavailable in extracted text in possession of the said invention, and that Image unavailable in extracted text the actual inventor thereof, and that the same was not in use within
(4) Here insert the Official Date of the earliest English or Foreign Application.
the Commonwealth of Australia by any other person or persons before (4)
to the best of Image unavailable in extracted text knowledge and belief.
And Image unavailable in extracted text do hereby further declare that Image unavailable in extracted text have made foreign application for protection of Image unavailable in extracted text invention for (3)
in England, and in the following British possessions, and on the following official dates, viz :—(5)
(5) Here insert the Names of the countries each followed by the Official Date of Application therein.
and in the following foreign States, and on the following official dates, viz :—(5)
And Image unavailable in extracted text make this declaration conscientiously believing the same to be true.
Dated this day of a.d. 190 .
(6) Name or Names in full.
Signature of Applicants(6) Signature of Witnesses (6)
Form A7.
(To be accompanied by 2 copies of Form B or 7 copies of Form C.)
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.]
Australia.
Patents Act 1903.
APPLICATION FOR AN ADDITIONAL PATENT.
(By a Commonwealth Patentee or Patentees.)
(1) Here insert (in full) Name, Address, and Occupation of Applicant or Applicants.
Image unavailable in extracted text (1)
(2) Here insert Title of Invention.
do hereby declare that Image unavailable in extracted text in possession of an invention for (2)
(3) Here insert Number of Patent.
and that Image unavailable in extracted text the actual inventor thereof, and that the said invention is an improvement on an invention for which Commonwealth Letters Patent Number (3)
(4) Here insert Date of Patent.
of 190 , and dated the (4) day of a.d. 190 , was
granted to Image unavailable in extracted text and that the said Letters Patent is in full force.
Image unavailable in extracted text further declare that the said Additional Invention for which Image unavailable in extracted text now making application for Letters Patent, is not in use within the Commonwealth of Australia by any other person or persons to the best of Image unavailable in extracted text knowledge and belief.
And Image unavailable in extracted text make this declaration, conscientiously believing the same to be true.
Dated this day of a.d. 190 .
(5) Name or Names in full.
Signature of Applicant (5) Signature of Witness (5)
Form A8.
(To be accompanied by 2 copies of Form B or 7 copies of Form C.)
THE SECOND SCHEDULE.
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
APPLICATION FOR CONVERSION OF A STATE PATENT OR STATE PATENTS TO A COMMONWEALTH PATENT.
(By a Patentee under a State or States Patent Act or Acts.)
(1) Here insert (in full) Name, Address, and Occupation of Applicant or Applicants.
Image unavailable in extracted text(1)
do hereby apply for conversion of Image unavailable in extracted text Patent to a Commonwealth Patent, and do declare that Image unavailable in extracted text have obtained Letters Patent for Image unavailable in extracted text invention entitled (2)
(2) Here insert Title of Invention.
In the following State , and on the following official date , viz :—(3)
(3) Here insert Name of each State, followed by the Official Date of the Patent in each respectively.
And Image unavailable in extracted textdo further sincerely declare that the Patent hereinbefore stated Image unavailable in extracted text in full force and that the invention was not in use within the Commonwealth of Australia by any other person or persons before the (4)
to the best of our knowledge and belief.
(4) Here insert the Official Date of the earliest State Patent.
And Image unavailable in extracted text make this declaration, conscientiously believing the same to be true.
(5) Name or Names in full.
Signature of Applicant (5) Signature of Witnesses (5)
Form A9.
(To be accompanied by 2 copies of Form B or 7 copies of Form C.)
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
APPLICATION FOR PARTIAL CONVERSION OF A STATE PATENT OR STATES PATENTS TO A COMMONWEALTH PATENT.
(By a Patentee under a State Patents or States Patents Act or Acts.)
(1) Here insert (in full) Name, Address, and Occupation of Applicant or Applicants.
Image unavailable in extracted text(1)
do hereby apply for Partial Conversion of Image unavailable in extracted text Patent to a Commonwealth
(2) Here insert Title of Invention.
Patent, and do hereby declare that Image unavailable in extracted text have obtained Letters Patent for Image unavailable in extracted text invention entitled (2)
(3) Here insert Name of each State, followed by the Official Date of the Patent in each respectively.
in the following State , and on the following official date , viz. :—(3)
And Image unavailable in extracted text do further sincerely declare that the Patent , hereinbefore stated Image unavailable in extracted text in full force, and that the invention was not in use within the Commonwealth, except in the ollowing State , viz. :—(4)
(4) Here insert Name of each State in which the Patent has been in use.
And Image unavailable in extracted text make this declaration conscientiously believing the same to be true.
And Image unavailable in extracted text request such States be excepted from any Patent that may be granted to Image unavailable in extracted text upon this Application.
(5) Name or Names in full.
Signature of Applicant (5) Signature of Witness (5)
Form A10.
(To be accompanied by 2 copies of Form B or 7 copies of Form C.)
THE SECOND SCHEDULE.
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
Patents Act 1903.
APPLICATION FOR A PATENT AFTER REVOCATION OF A PATENT OBTAINED IN FRAUD.
(By the Actual Inventor.)
(1) Here insert (in full) Name, Address, and Occupation of Applicant or Applicants.
Image unavailable in extracted text (1)*
(2) Here insert Title of Invention.
do hereby apply for a Patent for an invention entitled (2)
and Image unavailable in extracted text do declare that Image unavailable in extracted text *
the Actual Inventor thereof, and that the Patent, Number of a.d. 190 dated the day of a.d. 190 obtained for the said invention in fraud of my rights, which has been revoked by an Order of the Court dated the day of a.d. 190 , is not in use by any other person or persons, to the best of Image unavailable in extracted text knowledge and belief.
And Image unavailable in extracted text * request that any Patent for the said invention that may be granted to Image unavailable in extracted text upon this Application shall bear the date of revocation of the Patent so revoked for the remainder of the term for which the revoked Patent was originally granted.
(3) Name or Names in full.
Image unavailable in extracted textSignature of Applicant—(3) Signature of Witness—(3)
* Where the Applicant is not the actual inventor, insert particulars set forth in Section 32.
Section 32.—Any person, whether a British subject or not, may make an application for a Patent.
Who may apply for a Patent.
(2) Two or more persons may make joint application for a Patent, and a Patent may be granted to them jointly.
(3) Any of the following persons may make application for a Patent:—
(a) The actual inventor ; or
(b) his assignee, agent, attorney, or nominee ; or
(c) the actual inventor or his nominee jointly with the assignee of a part interest in the invention ; or
(d) the legal representative of a deceased actual inventor or of his assignee ; or
(e) any person to whom the invention has been communicated by the actual inventor, his legal representative, or assignee (if the actual inventor, his legal representative, or assignee is not resident in the Commonwealth).
Form B.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
PROVISIONAL SPECIFICATION.
(To be furnished in duplicate.)
(1) Here insert Title of Invention as in Application Form.
(1)
(2) Here insert (in full) Name, Address, and Occupation of Applicant or Applicants as in Application Form.
Image unavailable in extracted text (2)
do hereby declare that the nature of Image unavailable in extracted text invention for (1)
(4) Here begin Description of the Nature of the Invention.
to be as follows :—(4)
Dated this day of a.d. 190 .
(5) Name or Names in full.
Signature of Applicant (5) Signature of Witness (5)
To the Commissioner of Patents,
Image unavailable in extracted textCommonwealth of Australia.
Patents Regulation, Size, etc., of Documents.—Subject to any other directions that may-be given by the Commissioner, all documents and copies of documents sent to or left at the Patent Office, or otherwise furnished to the Commissioner or to the Court or the Law Officer shall be written or printed in the English language, on tough white paper of good quality, not thinner than 250 to 300 sheets per inch. The sheets shall be thirteen (13) inches by eight (8) inches, with a margin of not less than two inches at the left side, and one-half inch elsewhere.
The top half of the first sheet of specifications shall be left blank, and the writing or printing shall be on one side only and in the English language.
The contents shall be written or printed in carbonaceous or other permanent ink not affected by bleaching agents. If written, the writing shall be large and legible, not more than ten (10) letters per inch, and with not more than two line-spaces per inch. If printed, the type shall not be less than pica, and then shall not be more than three line-spaces per inch.
The date and the signature shall be on the last page, which shall, in the case of the complete specification, also contain the conclusion of the claims, and in the case of the provisional specification, the conclusion of the description of the nature of the invention.
The signature to all documents must be written in full in a large and legible hand.
In all cases one duplicate of the provisional and six duplicates of the complete specifications shall be lodged with and at the same time as the originals.
Each such duplicate shall be marked " true copy," and shall be signed by the applicant or his agent, and the responsibility that it is so must rest on the person so signing.
Duplicates of all other documents required by the Commissioner shall be left as directed.
Form C.
When provisional specification has been left, quote No. and date.
Image unavailable in extracted textTHE SECOND SCHEDULE.
Australia. [Patents.]
Patents Act 1903.
No.
Date
COMPLETE SPECIFICATION.
(Seven Copies to be Furnished.)
(1) Here insert Title of Invention as in Application Form.
(1)
(2) Here insert (in full) Name, Address, and Occupation of Applicant or Applicants.
Image unavailable in extracted text (2)
(3) Here describe the Invention at length.
do hereby declare that this invention, and in what manner the same is to be performed, to be fully described and ascertained in and by the following Statement (3)
Having now fully described and ascertained Image unavailable in extracted text said invention and in what manner the same is to be performed, Image unavailable in extracted text declare that what Image unavailable in extracted text claim is :—
(4) Here state distinctly the Invention claimed.
I, (4)
5. &c., no limit to number of Claims.
Dated this day of a.d. 190
(5) Name or Names in full
Signature of Applicant—(5) Signature of Witness—(5)
Image unavailable in extracted textNote.—If this Specification be accompanied by drawings, these must be prepared in accordance with Patents Regulations.
Patents Regulation, Size, etc., of Documents.—Subject to any other directions that may be given by the Commissioner, all documents and copies of documents sent to or left at the Patent Office or otherwise furnished to the Commissioner or to the Court or the Law Officer shall be written or printed in the English language, on tough white paper, of good quality, not thinner than 250 to 300 sheets per inch. The sheets shall be thirteen (13) inches by eight (8) inches, with a margin of not less than two inches at the left side, and one-half inch elsewhere.
The top half of the first sheet of specifications shall be left blank, and the writing or printing shall be on one side only and in the English language.
The contents shall be written or printed in carbonaceous or other permanent ink not affected by bleaching agents. If written, the writing shall be large and legible, not more than ten (10) letters per inch, and with not more than two line-spaces per inch. If printed, the type shall not be less than pica, and then shall not be more than three line-spaces per inch.
The date and the signature shall be on the last page, which shall, in the case of the complete specification also contain the conclusion of the claims, and in the case of the provisional specification the conclusion of the description of the nature of the invention.
The signature to all documents must be written in full in a large and legible hand.
In all cases one duplicate of the provisional and six duplicates of the complete specifications shall be lodged with and at the same time as the originals.
Each such duplicate shall be marked " true copy," and shall be signed by the applicant or his agent, and the responsibility that it is so must rest on the person so signing.
Duplicates of all other documents required by the Commissioner shall be left as directed.
C.6217. b
Form C 1.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
APPLICATION FOR EXTENSION OF TIME FOR LEAVING A COMPLETE SPECIFICATION.
In the matter of Application No.
by
for a Patent for an invention for
(Place)—
(Date)—
Image unavailable in extracted text hereby apply for an extension of time for one month within which to leave a complete specification upon Application No. dated
190 .
(1) The circumstances and grounds must be stated in detail.
The circumstances in and grounds upon which this extension is applied for are as follows :—(1)
(2) Signature of Applicant or Agent.
(2)
To the Commissioner of Patents,
Commonwealth of Australia.
Form C 2.
THE SECOND SCHEDULE.
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
Patents Act 1903.
APPLICATION FOR EXTENSION OF TIME FOR ACCEPTANCE OF A COMPLETE SPECIFICATION.
(Place)—
(Date)—
Image unavailable in extracted texthereby apply for extension of time for month
for the acceptance of the complete specification upon Application No. dated 190 .
(1) The circumstances and grounds must be stated in detail.
The circumstances in and the grounds upon which this extension is applied for are as follows :—(1)
(2) Signature of Applicant or Agent.
(2)
To the Commissioner of Patents,
Commonwealth of Australia.
B 2
Form D.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
STATEMENT OF ADDRESS.
(Where application is made without an Agent.)
Sir,
(1) Here insert Title of Invention.
Image unavailable in extracted text hereby authorize and request you to send all notices, requisitions, and communications in connexion with Image unavailable in extracted text application for Letters Patent for Image unavailable in extracted text invention entitled (1)
(2) Here insert full Address.
to (2)
Dated this day of a.d. 190 .
(3) Name or Names in full.
Signature of Applicant—(3)
Note.—A genuine address must be given. An address such as " General Post Office, Melbourne," will not be accepted.
To the Commissioner of Patents,
Commonwealth of Australia.
Form E.
THE SECOND SCHEDULE.
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
Patents Act 1903.
STATEMENT OF ADDRESS AND APPOINTMENT OF AGENT.
(1) Here insert (in full) Name of Agent.
Sir,
Image unavailable in extracted text beg to inform you that Image unavailable in extracted text do hereby nominate, constitute, and appoint (1)
(2) Here insert full Address of Agent.
of (2)
(3) Here insert Occupation of Agent.
in the Commonwealth of Australia (3)
Image unavailable in extracted text agent (4) to obtain Letters Patent in the Commonwealth of Australia in Image unavailable in extracted text favour for Image unavailable in extracted text invention entitled (5)
(4) Applicant may here insert the words "with full powers of substitution and revocation."
and for that purpose to sign Image unavailable in extracted text name and as Image unavailable in extracted text act and deed to seal and deliver all documents (except such as are required by the Patents Regulations to be signed by Image unavailable in extracted text that Image unavailable in extracted text said agent may think necessary or desirable, and Image unavailable in extracted text further empower Image unavailable in extracted text said agent to alter and amend such documents, whether originally signed by Image unavailable in extracted text or otherwise, in any manner which may be necessary, and Image unavailable in extracted text authorize and request you to send all notices, requisitions, and communications in connexion with Image unavailable in extracted text said application to him at his address as above given.
(5) Here insert Title of Invention.
Dated this day of a.d. 190
(6) Name or Names in full
Signature of Applicant—(6)
To the Commissioner of Patents,
Commonwealth of Australia.
Form F.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
NOTICE BY COMMISSIONER OF HIS REFUSAL TO ACCEPT.
In the matter of the Application, No. of
for a Patent for an Invention for
Sir,
In accordance with the provisions of Section 46 of the Patents Act 1903, I
Commissioner of Patents for the Commonwealth of Australia, hereby give you notice that I refuse to
for the above-mentioned invention for the following reasons :—
a.d.
Given under my hand at the Patent Office this day of
190 .
Commissioner of Patents.
To
Form G.
THE SECOND SCHEDULE.
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
Patents Act 1903.
OPPOSITION TO GRANT OF PATENT.
(To be furnished in duplicate.)
(Place)—
(Date)—
(1) Here insert (in full) Name and Address of Opponent.
I, (1)
(2) Here state upon which of the grounds of opposition permitted by Section 56 of the Act the Grant is opposed.
hereby give notice of my intention to oppose the grant of Patent upon Application No. of a.d. 190 , applied for by upon the ground (2)
(3) Here state Address in the Commonwealth for service of Declarations.
My address for service in the Commonwealth is (3)
(4) Name (in full) of Opponent or Authorized Agent.
(4)
To the Commissioner of Patents,
Commonwealth of Australia.
Note.—Particular attention is directed to Patent Regulations.
Form H.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
APPLICATION FOR HEARING BY THE COMMISSIONER IN CASES OF REFUSAL TO ACCEPT, OPPOSITION, OR APPLICATIONS FOR AMENDMENT, ETC.
Place—
Date—
(1) Here insert (in full) Name and Address.
I, (1)
hereby apply to be heard in reference to Application No.
dated a.d. 190 , made by
and request that I may receive due notice of the day fixed for the hearing.
(2) Name (in full) of Applicant, Opponent, or Authorized Agent.
(2)
To the Commissioner of Patents,
Commonwealth of Australia.
Form I.
THE SECOND SCHEDULE.
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
Patents Act 1903.
FORM OF NOTICE THAT HEARING BEFORE COMMISSIONER WILL BE ATTENDED.
Sir,
(1) Insert Name.
I, (1)
(2) Insert Address.
of (2)
hereby give notice that the hearing in reference to
will be attended by myself or by some person on my behalf.
I have the honour to be,
Sir,
Your obedient Servant,
(3)
(3) Signature of Applicant or person authorized on his behalf.
To the Commissioner of Patents,
Commonwealth of Australia.
Form J.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
APPLICATION TO AMEND SPECIFICATION OR DRAWINGS.
Place—
Date—
(1) Here Insert (in full) Name and Address of Applicant or Applicants, Patentee or Patentees.
Image unavailable in extracted text (1)
seek leave to amend the]
of Image unavailable in extracted text No, of a.d. 190 as shown in red [ILLEGIBLE TEXT] the copy of the original
duly certified hereunto annexed.
* These words to be struck out when Letters Patent not sealed, or, if sealed, the Application is made in pursuance of an Order of the Court, or a Justice or Judge thereof.
* Image unavailable in extracted textdeclare that no action for infringement or proceeding for revocation of the Letters Patent in question is pending.
My reasons for making this amendment is as follow :—
(2) Here state reasons for seeking Amendment.
(3) Name (in full) of Applicant or Applicants, Patentee or Patentees.
(3)
To the Commissioner of Patents,
Commonwealth of Australia.
Section 78.—No amendment shall be allowed that would make the specification as amended claim an invention substantially larger than or substantially different from the invention claimed by the specification before amendment.
Regulation.—Where a request for leave to amend is made in pursuance of an Order of the Court or a Justice or Judge thereof, an official copy of the Order shall be left with the request at the Patent Office.
Form K.
THE SECOND SCHEDULE.
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
Patents Act 1903.
OPPOSITION TO AMENDMENT OF SPECIFICATION OR DRAWINGS.
(To be furnished in duplicate.)
Place—
Date—
(1) Here insert (in full) Name and Address of Opponent.
I, (1)
hereby give notice of my intention to oppose the Application to Amend the Specification (or Drawings) of Image unavailable in extracted text No. of a.d. 190 , upon the ground
(2) Here state Ground of Opposition.
(2)
Here state Address in the Commonwealth for Service of Declaration.
My address for service in the Commonwealth is (3)
(4) Name (in full) of Opponent.
(4)
To the Commissioner of Patents,
Commonwealth of Australia.
Regulation.—On the hearing of the case no Opposition shall be allowed on any other ground or grounds than that the specification if amended as desired would make the specification claim an invention substantially larger than or substantially different from the invention claimed by the specification before amendment.
Form L.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
The Patents Act 1903.
PETITION FOR GRANT OF COMPULSORY LICENCE, OR REVOCATION OF PATENT.
To the Commissioner of Patents,
Commonwealth of Australia.
The Petition of
of in the State of
being a person interested in the matter of this Petition as hereinafter described :—
Showeth as follows :—
(1) Here insert Number and Date of Patent.
A Patent No. (1) dated the day of a.d.
(2) Here insert Name of Patentee or Patentees.
190 , was granted to (2)
(3) Here insert Title of Invention.
for an invention entitled (3)
(4) State fully in numbered paragraphs the grounds on which the petitioner relies to support his prayer.
The grounds on which the prayer of this Petition is founded are as follows :—(4)
Having regard to the circumstances above stated, the Petitioner alleges that the reasonable requirements of the public with respect to the patented invention have not been satisfied.
(5) State nature of licence asked for by petitioner.
Your Petitioner therefore prays for the grant of a compulsory licence to him (5) or in the alternative for the revocation of the patent.
Dated this day of a.d. 190
(6) Name or Names in full.
Signature of Petitioner—(6)
Form M.
THE SECOND SCHEDULE.
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
Patents Act 1903.
OPPOSITION TO PETITION FOR COMPULSORY GRANT OF LICENCE OR REVOCATION OF PATENT.
Place—
Date—
Image unavailable in extracted text
hereby give notice of Opposition to the Petition of
(1) Here state fully the grounds of Opposition.
in regard to Patent No. dated the day of
a.d. 190
The grounds upon which Image unavailable in extracted text oppose the said Petition are as follows :—(1)
(2) Name or Names in full.
Signature of Patentee (2)
To the Commissioner of Patents,
Commonwealth of Australia.
Form N.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
APPLICATION FOR CERTIFICATE OF RENEWAL
Place—
Date—
(1) Here insert (in full) Name and Address of Patentee or his Agent.
I, (1)
hereby apply for a Certificate that the Renewal Fee of £5 has been paid in respect of
Patent No. of 190 , and hereby transmit the sum of £ in payment therefor.
(2) Name (in full) of Patentee or his Agent.
Signature—(3)
To the Commissioner of Patents,
Commonwealth of Australia.
Form O.
THE SECOND SCHEDULE.
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
Patents Act 1903.
CERTIFICATE OF RENEWAL.
Letters Patent No. of a.d. 190 .
Commissioner of Patents' Office,
Commonwealth of Australia.
190
This is to certify that
did on the day of 190 , pay the Renewal fee of £ in respect of the Patent and that by virtue of such payment the rights of the Patentee remain in force until the day of
190
(seal)
Commissioner of Patents.
Form P.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
APPLICATION FOR ENLARGEMENT OF TIME FOR PAYMENT OF RENEWAL FEE.
Place—
Date—
(1) Here insert (in full) Name and Address to which reply is to be sent.
Image unavailable in extracted text (1)
hereby apply for an Enlargement of Time for months in which to pay the Renewal fee of £ in respect of Image unavailable in extracted text Patent No. of 190 .
(2) The circumstances must be stated in detail.
The circumstances in which the payment was omitted are as follows :—(2)
(3) Signature of Applicant.
(3)
To the Commissioner of Patents,
Commonwealth of Australia.
Form Q.
THE SECOND SCHEDULE.
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
Patents Act 1903.
BEQUEST TO ENTER NAME UPON THE REGISTER OF PATENTS.
Place—
Date—
(1) Here insert (in full) Name, Address, and Occupation of Applicant or Applicants.
Image unavailable in extracted text (1)
(2) Here insert the Nature of the Claim (e.g., as Assignee.)
hereby request that you will enter Image unavailable in extracted text name in the Register of Patents. Image unavailable in extracted text claim to be entitled (2)
(3) Here insert (in full) Name, Address, and Occupation of Patentee or Patentees.
of the Patent No. of 190 , granted to (3)
(4) Here insert Title of Invention.
the title of which is (4)
(5) Here specify the particulars of such Document, giving the Date and the Parties to the same, and showing how the Claim here made is substantiated.
by virtue of (5)
(6) Here insert the Nature of the Instrument.
And in proof whereof transmit the accompanying (6)
with an attested copy thereof.
(7) Name or Names in full.
Signature of Applicant (7) Signature of Witness (7)
To the Commissioner of Patents,
Commonwealth of Australia.
Form R.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
REQUEST TO ENTER NOTIFICATION OF LICENCE OR OTHER DOCUMENT IN THE REGISTER OF PATENTS.
Place—
Date—
(1) Here insert (in full) Name and Address.
Image unavailable in extracted text (1)
(2) Here insert a Description of the Nature of the Document.
hereby transmit an attested copy of (2)
under Patent No. of 190 , as well as the original document for verification, and Image unavailable in extracted text have to request the t a notification thereof may be entered in the Register.
(Signature)
To the Commissioner of Patents,
Commonwealth of Australia.
Form S.
THE SECOND SCHEDULE.
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
Patents Act 1903.
APPLICATION FOR DUPLICATE OF PATENT.
Place—
Date—
(1) Here insert (in full) Date, Number, Name; and Address of Grantee.
Image unavailable in extracted text hereby inform you that the Patent dated (1)
No. (1) granted to (1)
(2) Here insert Title of Invention.
for an invention the title of which is (2)
(3) Here insert the word " destroyed " or " lost" as the case may be, and state in full the circumstances of the case, which must be verified by statutory declaration.
has been (3)
Image unavailable in extracted text beg therefore to apply for the issue of a duplicate of such Patent.
Signature of Patentee— Signature of Witness—
To the Commissioner of Patents,
Commonwealth of Australia.
Form T.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
INDORSEMENT OF ASSIGNMENT UPON LETTERS PATENT UNDER SECTION 21.
Image unavailable in extracted text
of
(the transferror), in consideration of the sum of paid to me by
of
(the transferee) do hereby assign and transfer to the said
all my right title and interest in and to the said Letters Patent numbered
To hold unto the said
his executors, administrators, and assigns, subject to the several conditions on which Image unavailable in extracted text hold the same, and I, the said
do hereby accept the said Letters Patent subject to the same conditions.
In witness whereof we have hereunto affixed our hands and seals this day of a.d. 190
Signed, sealed, and delivered by the said
Transferor in the presence of—
Signed, sealed, and delivered by the said
Transferee in the presence of—
Form U.
THE SECOND SCHEDULE.
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
Patents Act 1903.
REQUEST FOR CORRECTION OF CLERICAL ERROR.
Place—
Date—
(1) Here insert (in full) Name and Address.
Image unavailable in extracted text (1)
(2) Here state whether in Application, Specification, or Register, and Nature of Errors.
hereby request that the following Clerical Error (or Errors) may be corrected in the manner shown in red ink in the certified copy of the original (2)
hereunto annexed.
(3) Signature of Applicant or Patentee.
(3)
To the Commissioner of Patents,
Commonwealth of Australia.
Form V
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
CERTIFICATE OF COMMISSIONER.
Commonwealth Patent Office,
190
I,
Commissioner of Patents, hereby certify that
(seal)
Commissioner of Patents.
To
Form W.
THE SECOND SCHEDULE,
Image unavailable in extracted textAUSTRALIA. [PATENTS.]
Patents Act 1903.
NOTICE FOR ALTERATION OF AN ADDRESS IN REGISTER.
Place—
Date—
(1) Here insert (in full) Name and Address of Applicant.
Patent No.
Image unavailable in extracted text (1)
(2) Here insert full Address to be entered upon the Register.
hereby request that Image unavailable in extracted text address now upon the Register of Patents may be altered as follows :—(2)
(3) Signature of Patentee.
(3)
To the Commissioner, of Patents,
Commonwealth of Australia
Form X.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
APPLICATION FOR ENTRY OF ORDER OF THE HIGH COURT OR THE SUPREME COURT OR A JUSTICE OR JUDGE THEREOF IN THE REGISTER.
Place—
Date—
(1) Here insert (in full) Name and Address of Applicant.
Image unavailable in extracted text (1)
(2) The High Court, Supreme Court, or a Justice or Judge thereof.
hereby transmit an office copy of an Order of (2)
(3) Here state the purport of the Order.
with reference to (3)
and request you to rectify the Register of Patents accordingly.
Signature—
To the Commissioner of Patents,
Commonwealth of Australia
Form Y.
THE SECOND SCHEDULE.
Image unavailable in extracted textAustralia. [PATENTS.]
Patents Acts 1903.
APPEAL TO LAW OFFICER.
Place—
Date—
(1) Here insert (in full) Name and Address of Applicant.
Image unavailable in extracted text (1)
hereby give notice of Image unavailable in extracted text intention to appeal to the Law Officer from the direction of the Commissioner of Patents of the day of 190 , whereby he (2)
(2) Here insert terms of the Direction.
Application No. of the year of 190
Signature of Applicant—
To the Commissioner of Patents,
Commonwealth of Australia.
Form Z.
THE SECOND SCHEDULE.
Image unavailable in extracted text[Patents.] Australia.
Patents Act 1903.
APPEAL TO THE HIGH COURT OR TO THE SUPREME COURT.
Place—
Date—
(1) Here insert (in full) Name and Address of Applicant.
Image unavailable in extracted text (1)
hereby give notice of Image unavailable in extracted text intention to appeal to the Image unavailable in extracted text Court from the decision of the Commissioner of Patents of the day of 190 whereby he (2)
(2) Here insert " refused to accept Application for Patent," " Application for Amendment," or otherwise, as the case may be.,
state also the terms of such refusal.
Image unavailable in extracted text No. of the year 190
Signature of Applicant—
To the Commissioner of Patents,
Commonwealth of Australia.
THE THIRD SCHEDULE.
Image unavailable in extracted textINDEX TO FORMS.—PATENT ATTORNEY.
PAGE
A. Form of register of person entitled to practise as Patent Attorneys in the Commonwealth.......................
59
B. Form of statutory declaration to be made by a person applying for registration as a Patent Attorney................
60
C. Form of statutory declaration to be made by a person formerly employed as an officer in the Patent Office of a State applying for registration as a Patent Attorney
61
D. Commissioner's Certificate of Registration of a Patent Attorney.......................................
61
E. Board of Examiners' Certificate that applicant for permission to practise as a Patent Attorney has passed required examination
62
F. Form of notice of intention to become a candidate for examination.....................................
62
G. Form of declaration to accompany Form F.....................................................
63
H. Form of certificate to accompany Form F......................................................
64
Image unavailable in extracted textForm A.
[Patent
Attorney.]
THE THIRD SCHEDULE.
Image unavailable in extracted textAustralia.
Patents Act 1903.
REGISTER OF PATENT ATTORNEYS.
Official No.
Date of Registration.
Name of Applicant.
Designation.
Address.
Memorandum of any proceeding after Registration is made.
Form B.
THE THIRD SCHEDULE.
Image unavailable in extracted textAustralia.
[Patent Attorney.] Patents Act 1903.
FORM OF DECLARATION TO BE MADE BY A PERSON APPLYING FOR REGISTRATION AS A PATENT ATTORNEY.
(1) Here insert Names in full, and, in case of a firm, add " Member of the firm of."
I, A.B. (1)
(2) Here insert Residence.
of (2)
(3) Here insert Name of State.
in the state of (3) , Commonwealth of Australia,
(4) Here state length of time Applicant has practised (not being less than six months).
Patent Agent, do solemnly and sincerely declare that I was at the commencement of the Patents Act 1903, bona fide practising as a Patent Agent at in the State of , and had been so practising for six months prior to the day of 1904, the date of such commencement, and in the course of my practice I acted as Agent in relation to the following matters, namely:—(5)
See Section 105.
(5) Insert particulars of matters.
in the Patent Office of the State of , and that I desire to have my name registered as a Patent Attorney, in pursuance of the Patents Act 1903.
And I make this solemn declaration, conscientiously believing the same to be true.
Declared by the said Declarant at
This day of a.d. 190 —A.B.
Before me—
C.D.
To the Commissioner of Patents,
Commonwealth of Australia.
Form C.
THE THIRD SCHEDULE.
Image unavailable in extracted textPatents Act 1903.
[Patent Attorney.]
FORM OF DECLARATION TO BE MADE BY A PERSON FORMERLY EMPLOYED AS AN OFFICER IN THE PATENT OFFICE OF A STATE APPLYING FOR REGISTRATION AS A PATENT ATTORNEY.
(1) Here insert Names in full
I, A.B. (1)
(2) Here insert Residence.
of (2)
in the State of Commonwealth of Australia, do solemnly and sincerely declare that I was an officer in the Patent Office of the State of for the period of , and was employed in the capacity of (3) and that
(3) Here insert particulars of office held by Applicant.
during the period in which I was so employed I gained a sufficient knowledge of patent law and practice to enable me to practise the profession of a Patent Attorney, and that I desire to have my name registered as a Patent Attorney in pursuance of the provisions of the Patents Act 1903.
And I make this solemn declaration, conscientiously believing the same to be true.
Declared by the said Declarant at
this day of a.d. 190 —A.B.
Before me—
CD.
To the Commissioner of Patents,
Commonwealth of Australia.
Image unavailable in extracted textForm D.
THE THIRD SCHEDULE.
Image unavailable in extracted textAustralia. [Patent
Patents Act 1903. Attorney.]
COMMISSIONER'S CERTIFICATE OF REGISTRATION OF A PATENT ATTORNEY.
I, Commissioner of Patents, hereby certify that A.B.,
of in the State of 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 seal of office at
this day of a.d. 190
(l.s.) Commissioner.
Form E.
Image unavailable in extracted textTHE THIRD SCHEDULE.
[Patent Australia.
Attorney.] Patents Act 1903.
BOARD OF EXAMINERS' CERTIFICATE THAT CANDIDATE HAS PASSED THE PATENT ATTORNEY'S EXAMINATION.
The Board appointed for the purpose of examining candidates for registration as patent attorneys, hereby certifies that of having been duly examined by it as to his knowledge of Patent and Trade Marks Law and practice and the duties of a Patent Attorney, has passed the examination and satisfied the Board that he is qualified to practise as a Patent Attorney.
Given under hand at this
day of a.d. 190
Signature of Chairman of Board or the Authorized Member or Members thereof.
Image unavailable in extracted textForm F.
THE THIRD SCHEDULE.
Image unavailable in extracted text[Patent Australia.
Attorney.] Patents Act 1903.
FORM OF NOTICE OF INTENTION TO BECOME A CANDIDATE FOR THE PATENT ATTORNEY'S EXAMINATION.
Place—
Date—
To the Secretary to the Board of Examiners
for Patent Attorneys.
Sir,
I hereby give you notice that I am a Candidate for registration as a Patent Attorney and that I intend to present myself for examination by the Board at the Patent Attorney's Examination, to be held at on
The above address is that to which I desire that all notices or communications to me, may be sent.
(Signature)—
Form G.
THE THIRD SCHEDULE.
Image unavailable in extracted textAustralia. [Patent
Attorney.]
Patents Act 1903.
FORM OF DECLARATION TO ACCOMPANY FORM F.
(1) Name in full, with present Residence, Occupation, or Designation (if any).
I,(1)
of
in the State of do solemnly and sincerely declare as follows :—
I am years of age.
(2) State Name of Establishment and in what Country situated.
I was educated at (2)
(3) State if holding any Academical or Certificated Degree, and describe Academy or College.
I (3)
(4) If lately employed, state where and at what Profession, Trade, or Business.
I (4)
And I further declare that I am of good fame and character, and that I have not done or committed any act or thing which would make me an improper person to be registered as a Patent Attorney; and I further declare that the Certificate annexed hereto is true and correct in every particular, and that I was well known to the persons who subscribed it for the period therein stated.
And I make this declaration, conscientiously believing the same to be true.
Signature of Declarant—
Declared at in the State of this day
of a.d. 190 before me—
, J.P.
To the Secretary to the Board of Examiners
for Patent Attorneys.
Form H.
THE THIRD SCHEDULE.
Image unavailable in extracted text[Patent Australia.
Attorney.]
Patents Act 190
FORM OF CERTIFICATE TO ACCOMPANY FORM F.
To the Chairman of the Board of Examiners
for Patent Attorneys.
We, the undersigned, hereby certify that we have known and are acquainted with
for the
period of twelve months at least, and that we believe him to be a person of good fame and character, and fitted to be admitted to practise as a Patent Attorney in the Commonwealth of Australia.
Signatures of three persons who have been intimately acquainted with the Candidate for at least twelve months previous to his application to the Board of Examiners—
A.B.
C.D.
E.F.
Signatures to be witnessed by a J. P.
Witnessed—
J. P.
Image unavailable in extracted textBy Authority: Robt. S. Brain, Government Printer, Melbourne.
Section 1 - The Patents Regulations, 1904 (Provisional) - The Patents Regulations, 1904 (Provisional) | Zoe