STATUTE LAW (MISCELLANEOUS AMENDMENTS) (PATENTS) REGULATIONS 1983 NO. 49 STATUTE LAW (MISCELLANEOUS AMENDMENTS) (PATENTS) REGULATIONS 1983 NO. 49 - TABLE OF PROVISIONS 1. Citation 2. Interpretation 3. Application in respect of excluded invention 4. Review of decision by Administrative Appeals Tribunal 5. Address for service 6. Compliance with form 7. Fees SCHEDULE 1 SCHEDULE 2 1983 No. 49 STATUTE LAW (MISCELLANEOUS AMENDMENTS) (PATENTS) REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Statute Law (Miscellaneous Amendments) (Patents) Regulations. 1983 No. 49 STATUTE LAW (MISCELLANEOUS AMENDMENTS) (PATENTS) REGULATIONS - REG 2 Interpretation 2. In these Regulations- "the Act" means the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982; "the Commissioner" has the same meaning as in the Patents Act 1952. 1983 No. 49 STATUTE LAW (MISCELLANEOUS AMENDMENTS) (PATENTS) REGULATIONS - REG 3 Application in respect of excluded invention 3. (1) This regulation applies to a person who, by reason of the repeal effected by section 17 of the Patents Amendment Act 1979, avails himself, or takes definite steps by contract or otherwise to avail himself, of an invention, before a notification is published under sub-section 191 (9) of the Act as a consequence of the making of an application by virtue of sub-section 191 (3) of the Act for a patent for that invention. (2) For the purposes of sub-section 191 (11) of the Act, a person to whom this regulation applies may apply to the Commissioner, in accordance with the form in Schedule 1, for the grant of a licence to make, use, exercise and vend the invention the subject of the application made by virtue of sub-section 191 (3) of the Act, to the extent that he availed himself, or took definite steps by contract or otherwise to avail himself, of that invention. (3) A person making an application under sub-regulation (2) shall serve a copy of his application on the person making the application by virtue of sub-section 191 (3) of the Act and on such other persons as the Commissioner directs. (4) A person on whom a copy of an application has been served under sub-regulation (3) may, within one month after the day on which the copy was served on him, or within such further time as the Commissioner, on an application made in accordance with Form 11 in the First Schedule to the Patents Regulations within that period of one month, allows, give notice of opposition to that application in accordance with Form 12 in the First Schedule to the Patents Regulations. (5) As soon as practicable after a notice of opposition is given under sub-regulation (4), the person giving it shall serve a copy of the notice on the person who made the application for the licence. (6) The Commissioner shall hear the application for the licence and, if satisfied that the application should be granted, may grant to the applicant a licence on such terms as the Commissioner thinks reasonable, but, if not so satisfied, the Commissioner shall dismiss the application. (7) In relation to an application or a hearing under this regulation- (a) regulations 6, 7C and 8; (b) Divisions 1, 3 and 4 of Part XIV; (c) sub-regulations 76 (3) to (6) (inclusive) and regulations 77 and 78; and (d) regulations 83 to 86 (inclusive) and 89 and 90, of the Patents Regulations apply as if it were an application or a hearing under those Regulations. 1983 No. 49 STATUTE LAW (MISCELLANEOUS AMENDMENTS) (PATENTS) REGULATIONS - REG 4 Review of decision by Administrative Appeals Tribunal 4. (1) Application may be made to the Administrative Appeals Tribunal for a review of a decision made by the Commissioner in a hearing under sub-regulation 3 (6). (2) Where the Commissioner gives notice in writing of a decision to a person, the notice shall include a statement to the effect that a person whose interests are affected by the decision may, subject to the Administrative Appeals Tribunal Act 1975, make application to the Administrative Appeals Tribunal for review of the decision. 1983 No. 49 STATUTE LAW (MISCELLANEOUS AMENDMENTS) (PATENTS) REGULATIONS - REG 5 Address for service 5. (1) Where, in a form to be used for the purposes of these Regulations, provision is made for a statement of an address for service, the person completing the form shall state an address in Australia at which documents may be served on him personally or on a person specified in the form on his behalf. (2) A person may, by notice in writing lodged at the Patent Office established under the Patents Act 1952, change his address for service to an address specified in the notice. (3) Where proceedings to which these Regulations apply are pending, a person who has given notice under sub-regulation (2) shall serve a copy of the notice on any person notified in accordance with these Regulations of the previous address for service. (4) For the purposes of these Regulations, service of a document may be effected on a person by delivering it, or sending it by post, to the address for service notified by that person. 1983 No. 49 STATUTE LAW (MISCELLANEOUS AMENDMENTS) (PATENTS) REGULATIONS - REG 6 Compliance with form 6. Strict compliance with the form in Schedule 1 is not required and substantial compliance is sufficient. 1983 No. 49 STATUTE LAW (MISCELLANEOUS AMENDMENTS) (PATENTS) REGULATIONS - REG 7 Fees 7. For the purposes of sub-section 176 (1) of the Patents Act 1952, the fees prescribed in Schedule 2 are the fees payable to the Commissioner in relation to an application or a hearing under these Regulations. 1983 No. 49 STATUTE LAW (MISCELLANEOUS AMENDMENTS) (PATENTS) REGULATIONS - SCHEDULE 1 SCHEDULE 1 Sub-regulations 3 (2) and 5(1) COMMONWEALTH OF AUSTRALIA Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 APPLICATION FOR LICENCE I, ....................................of ....................................., apply for the grant, under sub-regulation 3 (2) of the Statute Law (Miscellaneous Amendments) (Patents) Regulations, of a licence to make, use, exercise and vend the invention the subject of Application No. ........ made by virtue of sub-section 191 (3) of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982. Notification that the complete specification lodged in respect of that application is open to public inspection was published in the Official Journal on .................. 1983. The grounds upon which this application is made are as follows: My address for service is .............................. Dated this .......................... day of .........................19 . .............................. (Signature) To: The Commissioner of Patents ---------------- 1983 No. 49 STATUTE LAW (MISCELLANEOUS AMENDMENTS) (PATENTS) REGULATIONS - SCHEDULE 2 SCHEDULE 2 Regulation 7 FEES ------------------------------------------------------------------------------ -- Column 1 Column 2 Column 3 Item Matter Fee ------------------------------------------------------------------------------ -- $ 1 On lodging a notice of opposition . . . . . . . . . 45 2 On lodging an application to lodge further evidence in opposition proceedings. . . . . . . . . 50 3 On appearing at a hearing . . . . . . . . . . . . . 55 4 On lodging a request under sub-regulation 76 (3) of the Patents Regulations, not being a request for change of address, in respect of each application to which the request relates. . . . . . 20 5 For taxing costs. . . . . . . . . . . . . . . . . . 25 ------------------------------------------------------------------------------ -- - NOTES 1983 No. 49*1* STATUTE LAW (MISCELLANEOUS AMENDMENTS) (PATENTS) REGULATIONS *1* Notified in the Commonwealth of Australia Gazette on 29 April 1983.