Commonwealth Numbered Acts

INTELLECTUAL PROPERTY LAWS AMENDMENT ACT 1998 NO. 100, 1998 - SCHEDULE 3--Miscellaneous

1 Subparagraph 6(c)(ii)

Repeal the subparagraph.

2 Section 185

Repeal the section, substitute:

SECT 185 Commissioner etc. not to prepare documents or search records The Commissioner, a Deputy Commissioner or an employee must not:

(a) prepare, or help to prepare:

(i) a specification; or

(ii) any other document relating to a specification (other than a document which is in an approved form);

unless the Commissioner, Deputy Commissioner or the employee is the inventor in respect of the specification; or

(b) search the records of the Patent Office otherwise than in his or her official capacity.

Penalty: 10 penalty units.

Repeal the subsection, substitute:

(5) If:

(a) a fee (other than a renewal fee or a continuation fee) is payable under this Act by a person in respect of:

(i) the doing of an act by someone other than the Commissioner; or

(ii) the filing of a document; and

(b) the Commissioner has, in accordance with the regulations, given the person a written notice under this paragraph in relation to the payment of that fee; and

(c) the person fails to pay the fee within a prescribed period after the notice has been given to the person;

(d) if paragraph (e) does not apply--the act is taken never to have been done, or the document is taken never to have been filed (as the case requires); or

(e) in the case of a fee that is payable in respect of the filing of a patent request and the accompanied specification--the patent request and the specification are taken to have been filed but the application under section 29 to which the patent request relates lapses.

Note: The consequence of failing to pay a continuation fee is provided for in paragraph 142(2)(d). The consequence of failing to pay a renewal fee is provided for in paragraph 143(a).

(a) an act is taken never to have been done; or

(b) a document is taken never to have been filed; or

(c) a patent request and its accompanied specification are taken to have been filed but the application to which the patent request relates lapses;

(d) the person referred to in paragraph (5)(a); and

(e) any other persons considered by the Commissioner to be interested in the matter.

Section 227 of the Patents Act 1990 as amended by item 3 of this Schedule applies only in relation to a fee payable under that Act in respect of the doing of an act or the filing of a document that is to occur on or after the commencement of that item.

[ Minister's second reading speech made in--

House of Representatives on 26 November 1997

Senate on 26 March 1998 ]

(216/97)