STATUTORY RULES.

1917. NO. 22.

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REGULATION UNDER THE WAR PRECAUTIONS ACT 1914–1916.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Precautions Act 1914–1916 to come into operation forthwith.

Dated this seventh day of February, 1917.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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War Precautions (Patents) Regulations 1916.

(Statutory Rules 1916, No. 140, as amended by Statutory Rules 1916, No. 161.)

Regulation 4 of the War Precautions (Patents) , Regulations is amended:—

(a) by omitting sub-regulation (1) thereof and inserting in its stead the following sub-regulation:—

“(1) No person in the Commonwealth or in a territory of the Commonwealth in which the Patents Act 1903–1909 is in force, shall apply, either on his own behalf or on behalf of any other person, for a patent in any country outside the Commonwealth unless he—

(a)has lodged at the Patent Office, at least thirty days before posting his application or any instructions with regard thereto, a notice of his intention so to apply, together with a Specification and Drawings (if any) describing the nature of the invention, or

(b) having lodged a notice of intention so to apply and a Specification and Drawings (if any) describing the nature of his invention, he has received from the Commissioner of Patents a notification in writing that he or the Patents Inquiry Board, (as the case may be) has

C.1607.––Price 3d.


determined that the publication of the invention would not be detrimental to the public safety or the defence of the Commonwealth, or would not otherwise assist the enemy or endanger the successful prosecution of the war:

Provided that any person who more than six months before the date of the making of these Regulations applied for a patent for an invention may, with the consent in writing of the Attorney-General, apply under International or Intercolonial arrangements for a patent for that invention in any country outside the Commonwealth; and

(b) by omitting sub-regulation (2) thereof and inserting in its stead the following sub-regulations: —

“(2) If, on the receipt of any notice, Specification and Drawings (if any) forwarded in pursuance of the last preceding sub-regulation, the Commissioner of Patents is of opinion that the invention referred to therein is obviously not likely to be detrimental to the public safety or the defence of the Commonwealth or otherwise to assist the enemy or endanger the successful prosecution of the war, he shall notify the applicant accordingly.

(2a) Subject to the last preceding sub-regulation, the Commissioner of Patents shall refer every such notice of intention to apply for a patent and the accompanying Specification and Drawings (if any) to the Patents Inquiry Board.”

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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.