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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  • No longer in force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Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013

Patents Amendment Regulations 1998 (No. 9) 1998 No. 342

EXPLANATORY STATEMENT

STATUTORY RULES 1998 NO. 342

Issued by the Authority of the Minister for Industry, Science and Resources

Patents Act 1990

Patents Amendment Regulations 1998 (No. 9)

The Statutory Rules amend the Patents Regulations 1991 (the Regulations) to:

*       amend subregulation 22.1(1) to remove the requirement that fees payable to the Commissioner of Patents be paid at the Patent Office or a sub-office of the Patent Office;

*       implement amendments made to the Rules under the Patent Cooperation Treaty (PCT Rules) that were adopted by the Assembly of the PCT at its 26th session in Geneva from 7 to 15 September 1998. These amendments lower some fees payable under the PCT;

*       update Schedule 2A to the Regulations to insert into the PCT Rules two new sub-rules that were agreed by the Assembly of the PCT at its 24th Session at Geneva on September 16 to October 1 1997. The sub-rules allow for electronic filing of international applications and other documents relating to international applications and for transmittals to be carried out by electronic means between one national Office or intergovernmental organisation and another; and

*       update the list of Convention countries in Schedule 4 to the Regulations.

By virtue of subsection 228(5) of the Act, it is necessary to keep the English text of the Patent Cooperation Treaty, set out in Schedules 2 and 2A to the Regulations, in an up-to-date form. The necessary amendments to the English text commence on 1 January 1999.

Details of the amendments made by these Statutory Rules are as follows:

Regulation 1 identifies these amending regulations as the Patents Amendment Regulations 1998 (No. 1).

Regulation 2 sets 1 January 1999 as the commencement date for these Statutory Rules.

Regulation 3 specifies that Schedule 1 amends the Regulations.

Item 1 of Schedule 1 specifies that the English text of the PCT as in force for Australia as at 1 January 1999 is the text set out in Schedules 2 (the PCT) and 2A (the PCT Rules) to the Regulations.

Item 2 of Schedule 1 amends subregulation 22.1(1) of the Regulations to remove the requirement that fees payable to the Commissioner of Patents be paid at the Patent Office or a sub-office of the Patent Office. Removal of this requirement will enable the Office to implement modem methods of fee payment.

Item 3 of Schedule 1 amends subregulation 22.1(1) to reflect the new style of Part 4 of Schedule 7 to the Regulations.

Item 4 of Schedule 1 inserts new subregulation 22.4(1B). This subregulation provides that the total international fee payable for the benefit of the International Bureau is reduced by 200 Swiss francs if the application is prepared electronically in accordance with the Administrative Instructions, and a paper and electronic copy are filed in accordance with the appropriate Administrative Instructions.

Item 5 of Schedule 1 updates Schedule 2A to the Regulations to insert into the PCT Rules new sub-rules 89bis and 89ter.

Item 6 of Schedule 1 amends the Schedule of Fees in Schedule 2A to the Regulations.

Items 7 and 8 of Schedule 1 amend Schedule 4 to the Regulations to include the Kingdom of Cambodia and the Lao People's Democratic Republic in the list of Convention countries.

Item 9 of Schedule 1 amends the reference made in item 7 of Part 3 of Schedule 7 to Part 4 of Schedule 7 to accord with the new structure of Part 4 of Schedule 7.

Item 10 of Schedule 1 amends Part 4 of Schedule 7 to reduce the maximum number of designations for which a fee is payable for an international application from 11 to 10.