Commonwealth Numbered Regulations - Explanatory Statements

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PATENTS AMENDMENT REGULATIONS 1999 (NO. 4) 1999 NO. 349

STATUTORY RULES 1999 No. 349

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

Patents Act 1990

Patents Amendment Regulations 1999 (No. 4)

Section 228 of the Patents Act 1990 (the Act) allows the Governor-General to make regulations for the purposes of the Act, to prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to the Act and for the conduct of any business relating to the Patent Office.

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

*       implement decisions made at the Patent Cooperation Treaty (PCT) Union Assembly at its 27th session in Geneva from 20 to 29 September 1999;

*       clarify the intention of Regulations 20.19 and 20.19A; and

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

By virtue of subsection 228(5) of the Patents Act 1990 (the Act), it is necessary to keep the English text of the PCT, 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 2000.

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

Regulation 1 identifies these amending regulations as the Patents Amendment Regulations 1999 (No. 4).

Regulation 2 specifies that regulations 1, 2, 3 and Schedule 1 are to commence on gazettal and Schedule 2 is to commence on 1 January 2000.

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

Items 1 and 2 of Schedule 1 amend regulations 20,19 and 20.19A to make it clear that these provisions are mandatory, not discretionary. That is, if the specified preconditions are met the Designated Manager must restore a person's name to, or remove a person's name from, the Register of Patent Attorneys.

Item 3 of Schedule 1 amends Schedule 4 to the Regulations to include Oman in the list of Convention countries.

Item 1 of Schedule 2 amends regulation 1.4(2) to specify that the English text of the PCT in force for Australia as at 1 January 2000 is the text set out in Schedules 2 (the Treaty) and 2A (the Regulations under the Treaty) to the Regulations.

Item 2 of Schedule 2 amends Schedule 2A to the Regulations to update the adoption and amendment dates of the Regulations under the PCT.

Items 3 and 5 of Schedule 2 amend the Schedule of Fees in Schedule 2A to the Regulations. Items 2(a) and 2(b) of the Schedule of Fees are amended to reduce the amount of the designation fee from 150 Swiss francs to 140.

Item 4 of Schedule 2 amends the Schedule of Fees in Schedule 2A to the Regulations. Item 2 of the Schedule of Fees is amended to reduce the total number of designations for which a fee is payable under Rule 4.9(a) of the PCT from 10 to 8.

Item 6 of Schedule 2 amends item 2(i) of Part 4 of Schedule 7 to the Regulations to reduce the maximum number of designations for which a fee is payable from 10 to 8.

Items 7 and 10 of Schedule 2 amend Part 4 of Schedule 7 to the Regulations. Items 2(i) and 3 of Part 4 are amended to reduce the amount of the designation fee from 150 Swiss francs to 140.

Item 8 of Schedule 2 amends Part 4 of Schedule 7 to the Regulations. Item 2(ii) of Part 4 is amended to reduce, from 11 to 9, the number of designations required before the flat fee of 1120 Swiss francs is payable.

Item 9 of Schedule 2 amends Part 4 of Schedule 7 to the Regulations. Item 2(ii) of Part 4 is amended to reduce the maximum total which is payable for designation fees from 1500 Swiss francs to 1120.