PATENT ATTORNEYS REGULATIONS (AMENDMENT) 1989 NO. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) 1989 NO. 25 - TABLE OF PROVISIONS 1. Commencement 2. Principal Regulations 3. Interpretation 4. Prescribed examinations 5. 6. Repeal 7. 8. 9. Reasons for failure 10. 11. 12. 13. Application for certificate by Board 14. Registration of patent attorneys 15. Certificate of registration 16. Payment of annual registration fee 17. Repeal 18. Continued application of certain provisions of the former Regulations 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 1 Commencement 1. These Regulations commence on 1 May 1989. 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 2 Principal Regulations 2. In these Regulations, "Principal Regulations" means the Patent Attorneys Regulations. 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 3 Interpretation 3. Regulation 3 of the Principal Regulations is amended by inserting after the definition of "appoint" the following definition: "'approved form' means a form approved by the Commissioner;". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 4 Prescribed examinations 4. Regulation 10 of the Principal Regulations is amended: (a) by inserting before paragraph (2) (a) the following paragraph: "(aa) Legal Process;"; (b) by omitting paragraph (2) (c) and substituting the following paragraph: "(c) Designs Law and Related Intellectual Property Laws of Austra lia and the Practice of the Designs Office;"; (c) by omitting paragraph (2) (f) and substituting the following paragraph: "(f) Patent, Trade Marks and Designs Law and Practice of Countries other than Australia; and". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 5 5. After regulation 10 of the Principal Regulations the following regulation is inserted: Exemption from examination "10A. (1) The Board may exempt a person from having to pass the examination in a subject mentioned in subregulation 10 (2) if the Board is satisfied that the person has passed, at a satisfactory level, an examination in a subject covering the same, or a similar, field of knowledge as the first-mentioned subject. "(2) An application to the Board for exemption shall be: (a) in accordance with an approved form; and (b) lodged at the Patent Office with the Secretary to the Board. "(3) Where a person is exempted under subregulation (1), the Board shall issue to the person a certificate of exemption in accordance with an approved form.". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 6 Repeal 6. Regulation 11 of the Principal Regulations is repealed. 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 7 7. Regulation 14 of the Principal Regulations is repealed and the following regulation substituted: Application for admission as a candidate "14. An application by a person for admission as a candidate in the examination in a subject mentioned in subregulation 10 (2) shall be: (a) in accordance with an approved form; and (b) lodged at the Patent Office with the Secretary to the Board on or before the date notified by the Board under subregulation 13 (2).". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 8 8. Regulation 15 of the Principal Regulations is repealed and the following regulation substituted: Eligibility for admission as a candidate in certain subjects "15. A person is not eligible for admission as a candidate in the examination in a subject mentioned in paragraph 10 (2) (d), (e), (f) or (g) unless he or she: (a) has passed; or (b) is exempted under subregulation 10A (1) from having to pass; the examination in each subject mentioned in paragraphs 10 (2) (aa), (a), (b) and (c).". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 9 Reasons for failure 9. Regulation 17 of the Principal Regulations is amended by omitting "Form 3" and substituting "an approved form". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 10 10. Regulation 20 of the Principal Regulations is repealed and the following regulation substituted: Other qualifications "20. (1) For the purposes of paragraph 133 (3) (d) of the Act, the other qualifications prescribed are that the person: (a) is of good fame and character; and (b) has satisfied the Board that he or she: (i) has been awarded, or is qualified for the award of, a degree, diploma or post-graduate diploma of an Australian tertiary institution in a course approved by the Board in a branch of engineering or science; (ii) has received, or is qualified to receive, an award of an overseas education institution in a course approved by the Board in a branch of engineering or science, being an award that is in the opinion of the Board of a standard that is at least equal to that of a degree, diploma or post-graduate diploma of an Australian tertiary institution in a branch of engineering or science; or (iii) has passed in a branch of engineering or science an examination approved by the Board that qualifies for corporate membership of The Institution of Engineers, Australia, The Royal Australian Chemical Institute or another professional institution approved by the Board. "(2) For the purpose of approving a course mentioned in subparagraph (1) (b) (i) or (ii), the Board shall have regard to the syllabus for the course. "(3) For the purpose of approving an examination mentioned in subparagraph (1) (b) (iii), the Board shall have regard to the syllabus for any course undertaken by the person in preparation for the examination.". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 11 11. Regulation 20A of the Principal Regulations is repealed and the following regulation substituted: Certificate of qualifications "20A. (1) A person may apply to the Board for a certificate that the person has the qualifications mentioned in subparagraph 20 (1) (b) (i), (ii) or (iii). "(2) An application shall be in accordance with an approved form and accompanied by evidence that the applicant has the qualifications. "(3) Where the Board is satisfied that a person has the qualifications, the Board shall issue to the person a certificate of the qualifications in accordance with an approved form.". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 12 12. Regulation 21 of the Principal Regulations is repealed and the following regulation substituted: Prescribed employment "21. For the purposes of paragraph 133 (3) (e) of the Act, a person has been employed as prescribed, for not less than the prescribed period, if he or she has been employed continuously for not less than 1 year, or for periods within a continuous period of 2 years that together total not less than 1 year, by a patent attorney as a technical assistant in the conduct of the practice of the patent attorney in matters arising under the Act or the repealed Acts.". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 13 Application for certificate by Board 13. Regulation 22 of the Principal Regulations is amended: (a) by omitting from subregulation (1) "Form 4" and substituting" an approved form"; (b) by omitting from paragraph (1) (b) "paragraphs (a), (b), (c) and (d) of sub-regulation (1) of regulation 20 of these Regulations" and substituting "subparagraph 20 (1) (b) (i), (ii) or (iii)"; (c) by omitting from subregulation (1) "Form 5" and substituting "an approved form"; (d) by omitting subregulation (2) and substituting the following subregulation: "(2) An application by a person under subregulation (1) shall be accompanied by: (a) evidence that he or she has the qualifications mentioned in whichever of subparagraph 20 (1) (b) (i), (ii) or (iii) is applicable; and (b) if the person is exempted under subregulation 10A (1) from having to pass the examination in a subject mentioned in subregulation 10 (2)-evidence that he or she is so exempted.". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 14 Registration of patent attorneys 14. Regulation 23 of the Principal Regulations is amended: (a) by omitting from subregulation (1) "Form 6" and substituting " an approved form"; (b) by omitting from paragraph (2) (c) "and, in the case of a person who is a legal practitioner or is registered as a patent agent in the United Kingdom, evidence of that fact"; (c) by omitting from paragraph (2) (d) "for not less than whichever of the periods specified in that regulation is applicable to him"; (d) by omitting from paragraph (2) (e) "Form 7" and substituting " an approved form". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 15 Certificate of registration 15. Regulation 24 of the Principal Regulations is amended by omitting "Form 8" and substituting "an approved form". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 16 Payment of annual registration fee 16. Regulation 31 of the Principal Regulation is amended: (a) by omitting from subregulation (1A) "Form 9" and substituting" an approved form"; (b) by adding at the end of subregulation (1A) "notifying the patent attorney of the amount of the annual registration fee payable by the patent attorney and of the date on which that fee is payable". 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 17 Repeal 17. Schedule 1 to the Principal Regulations is repealed. 1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 18 Continued application of certain provisions of the former Regulations 18. (1) In this regulation: "amended Regulations" means the Principal Regulations as amended by these Regulations; "former Regulations" means the Principal Regulations as in force immediately before 1 May 1989; "prescribed person" means a person who has, before 1 May 1989, passed the examination in a subject mentioned in subregulation 10 (2) of the former Regulations. (2) In spite of the amendments of regulation 10 of the Principal Regulations, regulation 10 of the former Regulations continues to apply to a prescribed person as if the reference to the examination in a subject mentioned in paragraph 10 (2) (c) or (f) of the former Regulations were a reference to the examination in the subject mentioned in that paragraph of the amended Regulations. (3) In spite of the repeal of regulation 11 of the Principal Regulations, regulation 11 of the former Regulations continues to apply to a person referred to in that regulation who is a prescribed person. (4) In spite of the repeal of regulation 14 of the Principal Regulations, subregulation 14 (3) of the former Regulations continues to apply to a person referred to in that subregulation who is a prescribed person. (5) In spite of the repeal of regulation 15 of the Principal Regulations, regulation 15 of the former Regulations continues to apply to a person, other than a person referred to in paragraph 15 (a) or (b) of the former Regulations, who is a prescribed person as if the reference to having passed the examination in a subject included a reference to being exempted under subregulation 10A (1) of the amended Regulations from having to pass the examination in that subject. (6) In spite of the repeal of regulation 20 of the Principal Regulations, regulation 20 of the former Regulations continues to apply to a prescribed person. (7) Subregulation (6) does not affect the application of regulation 20 of the amended Regulations to a prescribed person. (8) In spite of the repeal of regulation 20A of the Principal Regulations, regulation 20A of the former Regulations continues to apply to a person to whom regulation 20 of the former Regulations applies as if the references to Form 3A and Form 3B were references to a form approved by the Commissioner. (9) An application by a prescribed person under regulation 20A of the former Regulations shall be accompanied by evidence that he or she has the qualifications. (10) In spite of the repeal of regulation 21 of the Principal Regulations, where a prescribed person who was employed for not less than 5 years as a Supervising Examiner of Patents, a Senior Examiner of Patents or an Examiner of Patents has been employed by a patent attorney for not less than 6 months as a technical assistant in the conduct of the practice of the patent attorney in matters arising under the Act or the repealed Acts, the person has, for the purposes of paragraph 133 (3) (e) of the Act, been employed as prescribed for not less than the prescribed period. (11) In spite of the amendments of regulation 22 of the Principal Regulations, regulation 22 of the former Regulations continues to apply to a prescribed person as if: (a) the references to Form 4 and Form 5 were references to a form approved by the Commissioner; and (b) the references to the qualifications referred to in whichever of paragraphs 20 (1) (a), (b), (c) and (d) of the former Regulations is applicable the person included references to the qualifications mentioned in whichever of subparagraph 20 (1) (b) (i), (ii) or (iii) of the amended Regulations is applicable to the person. (12) Where a prescribed person is exempted under subregulation 10A (1) of the amended Regulations from having to pass the examination in a subject mentioned in subregulation 10 (2) of the former Regulations, an application by the person under regulation 22 of the former Regulations shall be accompanied by evidence that he or she is so exempted. (13) In spite of the amendments of regulation 23 of the Principal Regulations, regulation 23 of the former Regulations continues to apply to a prescribed person as if the references to Form 6 and Form 7 were references to a form approved by the Commissioner. - NOTES 1989 No. 25*1* PATENT ATTORNEYS REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 2 March 1989. *2* Statutory Rules 1954 No. 40 as amended by 1957 No. 2; 1960 No. 14; 1964 No. 3; 1969 No. 213; 1974 No. 206; 1975 No. 200; 1976 No. 237; 1977 No. 178; 1982 No. 233; 1983 No. 207; 1986 No. 260; 1987 No. 12; 1988 No. 101.