Commonwealth Numbered Regulations - Explanatory Statements

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PATENTS REGULATIONS (AMENDMENT) 1995 NO. 427

STATUTORY RULES 1995 No. 427

Issued by the Authority of the Minister for Small Business, Customs and Construction

Patent Act 1990

Patents Regulations (Amendment)

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

•       update the English text of the Patent Cooperation Treaty (PCT) set out in Schedules 2 and 2A to the Regulations consequential to the amendments made by the Governing bodies of the World Intellectual Property Organization (WIPO) to the Schedule of Fees annexed to the Regulations under the PCT, effective from 1 January 1996;

•       amend the fees for international applications payable for the benefit of the International Bureau of WIPO set out in Pan 4 of Schedule 7 to the Regulations to reflect the changes made to the Schedule of Fees annexed to the Regulations under the PCT; and

•       update the fist of Convention countries in Part 1 of Schedule 4 to the Regulations declared by virtue of subregulation 8.5(1) of the Regulations for the purposes of the definition of "Convention country' in the Act.

By virtue of subsection 228(5) of 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. Consequently, the necessary amendments proposed to be made to the English text will be taken to commence on the date on which the relevant amendments to the Regulations under the PCT take effect, that is 1 January 1996.

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

Regulation 1 sets 1 January 1996 as the commencement day for these Regulations.

Regulation 2 identifies the Patents Regulations as those to be amended.

Regulation 3 amends subregulation 1.4(2) of the Regulations to replace 1 January 1994 with 1 January 1996 as the date of effect of the English text of the PCT, set out in Schedule 2 and 2A to the Regulations, as in force for Australia.

Regulation 4 amends regulation 22.4 of the Regulations to include a provision to reduce all fees payable for the benefit of the International Bureau of WIPO 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. Also included into regulation 22.4 is a provision which defines 'per capita national income'.

Regulation 5 amends Schedule 2A to the Regulations to modify the Schedule of Fees annexed to the Regulations under the PCT to increase the maximum number of designation fees payable under PCT Rule 4.9(a) from 10 to 11 and to reduce all fees payable for the benefit of the International Bureau of WIPO 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.

Regulation 6 inserts into in Schedule 4 to the Regulations Albania, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Turkmenistan and Venezuela with the effect that, under subregulation 8.5(1) of the Regulations, each of these countries is declared to be a "Convention country" for the purposes of the definition of "Convention country" in the Act.

Regulation 7 amends Item 2 of Part 4 of Schedule 7 to the Regulations to increase the maximum number of designation fees payable under PCT Rule 4.9(a) from 10 to 11.