Commonwealth Numbered Regulations - Explanatory Statements

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PATENTS REGULATIONS (AMENDMENT) 1998 NO. 45

EXPLANATORY STATEMENT

STATUTORY RULES 1998 NO. 45

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

Patents Act 1990

Patents Regulations (Amendment)

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

*       prescribe for the purposes of subsection 55(1) of the Act, documents relating to an application for an extension of time under subsection 223(2) of the Act;

*       allow the Commissioner of Patents to prescribe for the purposes of subsection 55(2) of the Act, certain documents required to be produced under paragraph 210(c) of the Act.

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

Regulation 1 provides that these Regulations will commence on Gazettal.

Regulation 2 identifies the Patents Regulations as those amended.

Regulation 3.1 amends subregulation 4.3(1) to add a new subparagraph 4.3(1)(h). Subparagraph 4.3(1)(h) prescribes for the purposes of subsection 55(1) of the Act, any document filed and any document given to the patent applicant by the Commissioner, relating to an application for an extension of time under subsection 223(2) of the Act.

Regulation 3.2 amends subregulation 4.3(2) to add a new subparagraph 4.3(2)(b) and makes consequential changes to the format of 4.3(2)(a). Subparagraph 4.3(2)(b) prescribes for the purposes of subsection 55(2) of the Act, documents required to be produced under paragraph 210(c) of the Act that the Commissioner has reasonable grounds for believing should not be open to public inspection.

Regulation 4 amends regulation 22.26 to add a new subparagraph 22.26(a)(iia). This proposed subparagraph will provide an appeal right to the Administrative Appeals Tribunal for a person aggrieved by a decision made by the Commissioner under proposed subparagraph 4.3(2)(b).


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