Commonwealth Numbered Regulations - Explanatory Statements

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PATENTS AMENDMENT REGULATIONS 1999 (NO. 2) 1999 NO. 184

STATUTORY RULES 1999 No. 184

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

Patents Act 1990

Patents Amendment Regulations 1999 (No. 2)

The regulations amend the Patents Regulations 1991 (the Regulations) to:

*       clarify the invention title for Patent Cooperation Treaty (PCT) patent applications;

*       correct an error in the Regulations that allows the restoration of a patent attorney's name to the Register;

*       clarify that the fee specified in item 14 of Schedule 8 to the Regulations only applies to counsel's attendance at a hearing;

*       alter the hours of business of the Patent Office prescribed in the Regulations; and

*       remove the local designations from the positions of employees specified in Schedule 6A to the Regulations.

Details of the amendments made by these regulations are as follows:

Regulation 1 identifies the regulations as the Patents Amendment Regulations 1999 (No. 2).

Regulation 2 specifies that regulations 1, 2, 3 and Schedule 1 are to commence on gazettal; and Schedule 2 is to commence on 6 September 1999.

Regulation 3 specifies that Schedules 1 and 2 amend the Regulations.

Item 1 of Schedule 1 inserts new subregulation 8. 1 A to provide that a title established by the International Searching Authority under rule 37.2 of the PCT for an international application is taken to be the title of the patent application. The new regulation further provides that if the established title is not in English, the title is taken to be the English translation of the established title.

Item 2 of Schedule 1 amends subparagraph 20.19(a)(ii) of the Regulations, by substituting the reference to 'item 5 or 6' of Part 1 of Schedule 7 with a reference to 'item 7' of Part 1 of Schedule 7 to correct an obvious error.

Item 3 of Schedule 1 amends item 14 of Part 1 of Schedule 8 to the Regulations to clarify that the fee specified in this item only applies to counsel's attendance at a hearing.

Item 1 of Schedule 2 amends regulation 21.1 to extend the hours of business of the Patent Office, from 10 am to 4 pm, to 9 am to 5 pm.

Item 2 of Schedule 2 substitutes subregulation 21.2 with new subregulation 21.2 to provide that the Commissioner of Patents (the Commissioner) may delegate any or all of his or her powers and functions under the Act to an employee of the Patent Office, who holds or performs the duties of the position of Examiner of Patents, or who is employed at the level of Executive level 1 or 2, or APS levels 2 to 6. This amendment will obviate the need to amend the Regulations following every administrative reorganisation in the Patent Office. However, the removal of local designations will not have any substantive effect on the way in which the power of delegation is exercised by the Commissioner. The same careful and rigorous process to determine the specific powers and functions that can be delegated to particular employees or classes of employees in the Patent Office will continued to be employed by the Commissioner.

Item 3 of Schedule 2 omits Schedule 6A to the Regulations, consequent to the proposed amendment to subregulation 21.2.