Federal Register of Legislation - Australian Government

Primary content

Patents Amendment Regulations 1999 (No. 3)

Authoritative Version
  • - F1999B00264
  • No longer in force
SR 1999 No. 261 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 HR22-Nov-1999
Tabled Senate22-Nov-1999
Gazetted 27 Oct 1999
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Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013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 1999 (No. 3)

Statutory Rules 1999 No. 261

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 20 October 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

warren entsch

Parliamentary Secretary to the Minister for Industry,

Science and Resources

for the Minister for Industry, Science and Resources

 


Patents Amendment Regulations 1999 (No. 3)1

Statutory Rules 1999 No. 2612

made under the

 

 

 

Contents

                                                                                                                 Page

                        1  Name of Regulations                                                         2

                        2  Commencement                                                                2

                        3  Amendment of Patents Regulations 1991                            2

                        4  Transitional                                                                        2

Schedule 1       Amendments commencing on gazettal               3

Schedule 2       Amendments commencing on
1 January 2000                                                          
5

 


Do not delete : Part placeholder

Do not delete : Division placeholder

1              Name of Regulations

                These Regulations are the Patents Amendment Regulations 1999 (No. 3).

2              Commencement

                These Regulations commence as follows:

                 (a)     on gazettal — regulations 1 to 4 and Schedule 1;

                (b)     on 1 January 2000 — Schedule 2.

3              Amendment of Patents Regulations 1991

                Schedules 1 and 2 amend the Patents Regulations 1991.

4              Transitional

                Paragraphs 6.3 (ea) and (eb) as substituted by these Regulations do not apply to a patent or patent application for which, before the commencement of these Regulations, the Commissioner extended the time for making an application under section 38 or 94 of the Act.


Schedule 1        Amendments commencing on gazettal

Do not delete : Schedule Part placeholder

(regulation 3)

[1]         Paragraph 4.3 (2) (b)

substitute

               (b)    a document required to be produced under paragraph 210 (c) of the Act, if the Commissioner has reasonable grounds for believing that the document or information in the document should not be open to public inspection;

                (c)    a document that contains information from a document to which paragraph (b) applies.

[2]         After paragraph 6.3 (e)

insert

              (ea)    if, under section 223 of the Act, the Commissioner has extended the time for making, under section 38 of the Act, a complete application associated with a provisional application — the date 12 months after the date of making the first provisional application with which the complete application is associated;

              (eb)    if, under section 223 of the Act, the Commissioner has extended the time for making, under section 94 of the Act, a Convention application
in relation to a basic application — the date 12 months after the date of making the first basic application to which the Convention application relates;

[3]         Subregulation 8.3 (1)

substitute

         (1)   For paragraph 228 (2) (t) of the Act, the Act is modified under this regulation for PCT applications that are treated as patent applications under the Act.

[4]         Schedule 7, after item 32

insert

33

On filing, within 3 weeks before the due date for publication under section 54 of the Act of a notice about a complete specification, a request under subsection 37 (1) of the Act that the complete application be treated as a provisional application

$1,000

34

On lodging, within 3 weeks before the due date for publication under section 54 of the Act of a notice about a complete specification, a notice of withdrawal of the patent application under section 141 of the Act

$1,000

Schedule 2        Amendments commencing on 1 January 2000

Do not delete : Schedule Part placeholder

(regulation 3)

[1]         Regulation 6.3

omit

For the purposes of

insert

         (1)   For

[2]         Paragraph 6.3 (f)

substitute

                (f)    for a patent granted on a divisional application made under subsection 39 (1) of the Act, the earlier of:

                          (i)    the date of the patent of the first-mentioned application referred to in subsection 39 (1) of the Act; or

                         (ii)    the date that would be the date of the patent if a patent had been granted on that
first-mentioned application; or

                        (iii)    if that first-mentioned application was itself a divisional application or was amended to be a divisional application before filing the later application — the date that would be the date of the patent if a patent had been granted on the divisional application;

               (g)    for a patent granted on a divisional application made under subsection 39 (2) of the Act — the date of the first-mentioned petty patent referred to in that subsection.

[3]         Regulation 6.3

insert

         (2)   However, for paragraphs (1) (f) and (g), if:

                (a)    the date of the patent was recorded in the Register before 1 January 2000; or

               (b)    for a divisional application, the Commissioner determined a different date of the patent and told the applicant in writing before 1 January 2000;

                the date of the patent is that date.

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, 319, 342 and 345; 1999 Nos. 154 and 184.

2.       Made by the Governor-General on 20 October 1999, and notified in the Commonwealth of Australia Gazette on 27 October 1999