Commonwealth Numbered Regulations

1980 No. 68 PATENTS REGULATIONS (AMENDMENTS) - REG 9

9. After Part IV of the Patents Regulations the following Part is inserted:
"PART IVA-INTERNATIONAL APPLICATIONS UNDER THE PATENT CO-OPERATION TREATY
Interpretation

"19E. In this Part, unless the contrary intention appears, 'International
Bureau', 'International Preliminary Examining Authority' and 'International
Searching Authority' have the same meanings as in the Treaty.

Functions of Commissioner and Patent Office

"19F. Where, for the purposes of the Treaty, the Commissioner or the Patent
Office is-

   (a)  a receiving Office;

   (b)  an International Searching Authority; or

   (c)  an International Preliminary Examining Authority, the Commissioner and
        the Patent Office shall, subject to the Act and to these Regulations,
        perform, in relation to an international application, the functions
        under the Treaty of a receiving Office, an International Searching
        Authority or an International Preliminary Examining Authority, as the
        case requires.

Fees prescribed in Treaty for international applications

"19G. (1) Where, for the purposes of the Treaty, the Commissioner or the
Patent Office is-

   (a)  a receiving Office;

   (b)  an International Searching Authority; or

   (c)  an International Preliminary Examining Authority, in relation to an
        international application, the fees set out in the Schedule of Fees at
        the end of Schedule 2 to the Act, other than the Supplement to the
        Handling Fee, are payable to the Commissioner in accordance with the
        provisions of the Treaty.



"(2) The Commissioner shall, in accordance with the Treaty, determine the
currency in which the fees payable under sub-regulation (1) are payable and
the exchange rate between Swiss currency and the currency so determined.



"(3) A determination made by the Commissioner under sub-regulation (2) shall
be notified by him in the Official Journal and shall come into effect on the
date specified in the determination for that purpose or on the date of
notification in the Official Journal, whichever is the later.

Fees payable to Commissioner for international applications

"19H. (1) Where-

   (a)  for the purposes of the Treaty, the Commissioner or the Patent Office
        is-

        (i)    a receiving Office;

        (ii)   an International Searching Authority; or

        (iii)  an International Preliminary Examining Authority; and

   (b)  the Commissioner or the Patent Office is empowered by the terms of the
        Treaty to charge a fee other than a fee for the benefit of the
        International Bureau, the amount of the fee payable to the
        Commissioner in respect of a matter specified in Column 2 of Part II
        of the Second Schedule in an item in that Schedule is the amount
        specified in Column 3 of that Part in that item.



"(2) The fees specified in Items 1 and 2 of Part II of the Second Schedule are
payable to the Commissioner within 28 days of lodging an international
application with him.



"(3) The fee specified in Item 4 of Part II of the Second Schedule is payable
to the Commissioner upon lodging a demand for a preliminary examination under
Article 31 of the Treaty with him.



"(4) For the purposes of this regulation, an international application or a
demand for a preliminary examination under Article 31 of the Treaty, as the
case may be, is deemed to be lodged with the Commissioner when it is lodged
with the Commissioner or in the Patent Office as a receiving Office or as an
International Preliminary Examining Authority, as the case requires.



"(5) The fees specified in Part I of the Second Schedule are payable, subject
to the Treaty and to these Regulations, in relation to an international
application as if that application were an application for-

   (a)  a standard patent;

   (b)  a standard patent of addition; or

   (c)  a petty patent, as the case requires.

Refund of fees

"19I. (1) Where, in relation to a fee paid to the Commissioner, the Treaty
requires the fee to be refunded in whole or in part to an applicant, that fee
or that part of that fee, as the case requires, shall be refunded in
accordance with these Regulations.



"(2) Where, in relation to a search fee or a preliminary examination fee that
is payable to an International Searching Authority or an International
Preliminary Examining Authority, the Treaty provides for the refunding of that
fee to an applicant in whole or in part, and such fee has been paid to the
Commissioner, the Commissioner shall determine in accordance with the Treaty
to what extent that fee shall be refunded to the applicant.

Trust Fund   "19J. Moneys paid as fees to the Commissioner under regulation
19G shall be paid into the Trust Fund kept under section 60 of the Audit Act 
1901 and may be expended from the Trust Fund for the purposes of the Treaty
including the making of refunds and the remission of fees to the International
Bureau.

Documents to be in English language

"19K. Where, for the purposes of the Treaty, the Commissioner or the Patent
Office is-

   (a)  a receiving Office;

   (b)  an International Searching Authority; or

   (c)  an International Preliminary Examining Authority, an international
        application or a demand for an international preliminary examination
        under Article 31 of the Treaty lodged with the Commissioner or in the
        Patent office shall, subject to the Treaty, be in the English
        language.

Variation of section 131 of the Act

"19L. The operation of section 131 of the Act in relation to international
applications that are treated as applications under the Act by virtue of
section 58B of the Act is varied as if-

   (a)  there was added at the end of sub-section (1) 'and that application
        shall not be sent to the International Bureau'; and

   (b)  sub-sections (3) and (3A) were omitted and the following sub-section
        substituted:
'(3) Where-

   (a)  an order is in force under this section in respect of an international
        application to which section 58B applies; and

   (b)  the applicant so requests,
the application shall be treated as an application for a standard patent or an
application for a petty patent, as the case requires, and may proceed up to
the acceptance of the application and specification, but the specification
shall not be open to public inspection, the acceptance shall not be advertised
and a patent shall not be granted on the application.'.

Variation of section 143 of the Act

"19M. The operation of section 143 of the Act in relation to international
applications that are treated as applications under the Act by virtue of
section 58B of the Act is varied as if after paragraph (a) of sub-regulation
(3) the following paragraph was inserted:
'(aa) where the application to which the copies or documents relate is an
international application, within 20 months after the priority date under the
Treaty in relation to that application;'.".