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Patents Amendment Regulations 1998 (No. 9)

Authoritative Version
  • - F1998B00359
  • No longer in force
SR 1998 No. 342 Regulations as made
These Regulations amend the Patents Regulations 1991.
Administered by: DITR
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR08-Feb-1999
Tabled Senate15-Feb-1999
Gazetted 22 Dec 1998
Date of repeal 09 Aug 2013
Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013
Table of contents.

Patents Amendment Regulations 1998 (No. 9)

Statutory Rules 1998    No. 342

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Patents Act 1990.

Dated 17 December 1998.

WILLIAM DEANE
Governor-General

By His Excellency’s Command,

nick minchin

Minister for Industry, Science and Resources

 


Patents Amendment Regulations 1998 (No. 9)1

Statutory Rules 1998    No. 3422

made under the

 

 

 

Contents

                                                                                                                 Page

                        1     Name of regulations                                                       

                        2     Commencement                                                             

                        3     Amendment of Patents Regulations 1991                        

Schedule 1       Amendment of Patents Regulations 1991          

 


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1           Name of regulations

                     These regulations are the Patents Amendment Regulations 1998 (No. 9).

2           Commencement

                     These regulations commence on 1 January 1999.

3           Amendment of Patents Regulations 1991

                     Schedule 1 amends the Patents Regulations 1991.


Schedule 1        Amendment of Patents Regulations 1991

Do not delete : Schedule Part placeholder

(regulation 3)

[1]         Subregulation 1.4 (2)

             omit

                  1 July 1998

             insert

                  1 January 1999

[2]         Subregulation 22.1 (1)

             omit

                  at the Patent Office or a sub-office of the Patent Office

[3]         Subregulation 22.4 (1)

             omit

                  in relation to an international application, the amount of the fee payable to the Commissioner in accordance with the PCT in respect of a matter specified in column 2 of an item of Part 4 in Schedule 7 is the amount specified in column 3 of that item.

             insert

                  for an international application, the amounts of the basic fee, designation fees and handling fee (payable, under the PCT, to the Commissioner for the benefit of the International Bureau) for the application are as set out in Part 4 of Schedule 7.

[4]         After subregulation 22.4 (1B)

             insert

      (1C)   If an international application complies with item 4 of the Schedule of Fees to the PCT, the total international fee payable for the benefit of the International Bureau for the application is reduced by 200 Swiss francs.

Note   Item 4 of the Schedule of Fees in the PCT is as follows:

4.      The total amount of the fees payable under items 1 and 2 (a) [that is, the total of the basic fee and the designation fees] is reduced by 200 Swiss francs if the international application is, in accordance with and to the extent provided for in the Administrative Instructions, filed on paper together with a copy thereof in electronic form.

[5]         Schedule 2A, before rule 90, in Part F

             insert

Rule 89bis
Filing, Processing and Transmission of International Applications and Other Documents in Electronic Form or by Electronic Means

89bis.1   International Applications

(a)   International applications may, subject to paragraphs (b) to (e), be filed and processed in electronic form or by electronic means, in accordance with the Administrative Instructions, provided that any receiving Office shall permit the filing of international applications on paper.

(b)   These Regulations shall apply mutatis mutandis to international applications filed in electronic form or by electronic means, subject to any special provisions of the Administrative Instructions.

(c)   The Administrative Instructions shall set out the provisions and requirements in relation to the filing and processing of international applications filed, in whole or in part, in electronic form or by electronic means, including but not limited to, provisions and requirements in relation to acknowledgment of receipt, procedures relating to the according of an international filing date, physical requirements and the consequences of non‑compliance with those requirements, signature of documents, means of authentication of documents and of the identity of parties communicating with Offices and authorities, and the operation of Article 12 in relation to the home copy, the record copy and the search copy, and may contain different provisions and requirements in relation to international applications filed in different languages.

(d)   No national Office or intergovernmental organization shall be obliged to receive or process international applications filed in electronic form or by electronic means unless it has notified the International Bureau that it is prepared to do so in compliance with the applicable provisions of the Administrative Instructions. The International Bureau shall publish the information so notified in the Gazette.

(e)   No receiving Office which has given the International Bureau a notification under paragraph (d) may refuse to process an international application filed in electronic form or by electronic means which complies with the applicable requirements under the Administrative Instructions.

89bis.2   Other Documents

Rule 89bis.1 shall apply mutatis mutandis to other documents and correspondence relating to international applications.

89bis.3   Transmittal Between Offices

Where the Treaty, these Regulations or the Administrative Instructions provide for documents, notifications, communications or correspondence to be transmitted by one national Office or intergovernmental organization to another, such transmittal may, where so agreed by both the sender and the receiver, be effected in electronic form or by electronic means.

Rule 89ter
Copies in Electronic Form of Documents Filed on Paper

89ter.1   Copies in Electronic Form of Documents Filed on Paper

Any national Office or intergovernmental organization may provide that, where an international application or other document relating to an international application is filed on paper, a copy thereof in electronic form, in accordance with the Administrative Instructions, may be furnished by the applicant.

[6]         Schedule 2A, Schedule of fees

             substitute

SCHEDULE OF FEES

Fees

Amounts

1.   Basic Fee:

 

(Rule 15.2 (a))

 

(a)    if the international application contains not more than 30 sheets

650 Swiss francs

(b)    if the international application contains more than 30 sheets

650 Swiss francs plus 15 Swiss francs for each sheet in excess of 30 sheets

2.   Designation Fee:

 

(Rule 15.2 (a))

 

(a)    for designations made under Rule 4.9 (a)

150 Swiss francs per designation, provided that any designation made under Rule 4.9 (a) in excess of 10 shall not require the payment of a designation fee

(b)    for designations made under Rule 4.9 (b) and confirmed under Rule 4.9 (c)

150 Swiss francs per designation

3. Handling Fee:

233 Swiss francs

(Rule 57.2 (a))

 

Reductions

4.         The total amount of the fees payable under items 1 and 2 (a) is reduced by 200 Swiss francs if the international application is, in accordance with and to the extent provided for in the Administrative Instructions, filed on paper together with a copy thereof in electronic form.

5.         All fees payable (where applicable, as reduced under item 4) are reduced by 75% for international applications filed by any applicant who is a natural person and who is a national of and resides in a State whose per capita national income is below US$3,000 (according to the average per capita national income figures used by the United Nations for determining its scale of assessments for the contributions payable for the years 1995, 1996 and 1997); if there are several applicants, each must satisfy those criteria.

[7]         Schedule 4

             after

                  Burundi

             insert

                  Cambodia, Kingdom of

[8]         Schedule 4

             after

                  Kyrgyzstan

             insert

                  Lao People’s Democratic Republic

[9]         Schedule 7, Part 3, item 7

             omit

                  item 2 (b) of Part 4 in this Schedule

             insert

                  item 3 of Part 4 in this Schedule for the relevant international application

[10]      Schedule 7, Part 4

             substitute

Part 4          Fees payable for the benefit of the International Bureau

1              Basic fee for an international application: 650 Swiss francs plus, if, the application contains more than 30 sheets, 15 Swiss francs for each sheet in excess of 30

2              Designation fee for designations made under Rule 4.9 (a) of the PCT in an international application:

                          (i)    if the application makes 10 or fewer such designations — 150 Swiss francs per designation;

                         (ii)    if the application makes 11 or more such designations — 1500 Swiss francs

3              Designation fee for each designation (if any) made in an international application under Rule 4.9 (b), and confirmed under Rule 4.9 (c), of the PCT: 150 Swiss francs

4              Handling fee: 233 Swiss francs

Notes

1.       These regulations amend Statutory Rules 1991 No. 71, as amended by 1991 No. 456; 1992 No. 148; 1993 Nos. 113, 227, 340 and 341; 1994 Nos. 182, 317 and 387; 1995 Nos. 16, 20, 82 and 427; 1996 No. 271; 1997 Nos. 192 and 345; 1998 Nos. 45, 56, 141, 241, 257, 264, 291 and 319.

2.       Made by the Governor-General on 17 December 1998, and notified in the Commonwealth of Australia Gazette on 22 December 1998.  Administered by the Minister for Industry, Science and Resources.