PATENTS REGULATIONS (AMENDMENT) 1995 NO. 82 

PATENTS REGULATIONS (AMENDMENT) 1995 NO. 82 
- TABLE OF PROVISIONS

1.  Commencement  
2.  Amendment  
3.  Regulation 4.2 (Notice that specification is open to public inspection)  
4.  Regulation 5.1 (Application of this Chapter)  
5.  Regulation 5.3 (Filing of opposition)  
6.  Regulation 5.4 (Filing of statement)  
7.  Regulation 5.8 (Time for giving of evidence)  
8.  Regulation 6.7 (Prescribed period: lapse of applications for extension of term)  
9.  Regulation 13.6 (Time for payment of renewal fee for standard patent)  
10.  Regulation 20.32 (Establishment of Board)  
11.  Regulation 22.11 (Extension of time)  
12.  Regulation 23.4 (Certain opposition: practice and procedure)  
13.  Schedule 7 (Fees)  
14.  Transitional  


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 1
1. Commencement


  1.1 Regulations 4, 5, 6, 7, 8, 9, subregulation 11.2 and regulations 12, 13,
and 14 commence on 1 July 1995.
(NOTE: The remainder of these Regulations commence on gazettal: see Acts
Interpretation Act 1901, s. 48.)


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 2
2. Amendment


  2.1 The Patents Regulations are amended as set out in these Regulations.


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 3
3. Regulation 4.2 (Notice that specification is open to public inspection)


  3.1 Paragraph 4.2 (3) (b):
Omit "relevant application", substitute "priority document".


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 4
4. Regulation 5.1 (Application of this Chapter)


  4.1 Subparagraph 5.1 (a) (ii):
Omit the subparagraph.


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 5
5. Regulation 5.3 (Filing of opposition)


  5.1 Subregulation 5.3 (2):
Omit the subregulation.


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 6
6. Regulation 5.4 (Filing of statement)


  6.1 Subregulation 5.4 (2):
Omit the subregulation.


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 7
7. Regulation 5.8 (Time for giving of evidence)


  7.1 Subregulation 5.8 (1):
Omit "Subject to subregulation (5), if", substitute "If".
  7.2 Subregulation 5.8 (4):
Omit "Subject to subregulation (5), if", substitute "If".
  7.3 Subregulation 5.8 (5):
Omit the subregulation.


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 8
8. Regulation 6.7 (Prescribed period: lapse of applications for extension of
term)


  8.1 Omit the regulation.


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 9
9. Regulation 13.6 (Time for payment of renewal fee for standard patent)


  9.1 Subregulation 13.6 (1):
Omit "or 8".
  9.2 Subregulation 13.6 (3):
Omit "Subject to subregulation (4), if", substitute "If".
  9.3 Subregulation 13.6 (4):
Omit the subregulation.


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 10
10. Regulation 20.32 (Establishment of Board)


  10.1 Subregulation 20.32 (3):
Omit the subregulation, substitute:
  "(3) The Chairperson is the person from time to time holding, occupying, or
performing the duties of, the office of Senior Executive Service Band
2-Director General of AIPO.".
  10.2 Subregulation 20.32 (4):
Omit the subregulation.


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 11
11. Regulation 22.11 (Extension of time)


  11.1 Paragraph 22.11 (3) (b):
Omit "13.6 (4)", substitute "13.6 (3) or (4)".
  11.2 Paragraph 22.11 (3) (b):
Omit "or (4)".
(NOTE: The amendment made by subregulation 11.1 applies from gazettal, and the
amendment made by subregulation 11.2 applies on and from 1 July 1995.)


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 12
12. Regulation 23.4 (Certain opposition: practice and procedure)


  12.1 Paragraph 23.4 (2) (a):
Omit "74 ('opposition to extension'),".


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 13
13. Schedule 7 (Fees)


  13.1 Part 2, item 7:
After paragraph 7 (m), insert:
    "(n) the sixteenth anniversary    $630
     (o) the seventeenth anniversary  $680
     (p) the eighteenth anniversary   $730
     (q) the nineteenth anniversary   $790".
  13.2 Part 2, item 8:
Omit the item.
  13.3 Part 2, item 16:
Omit the item.


1995 No. 82 PATENTS REGULATIONS (AMENDMENT)
- REG 14
14. Transitional


  14.1 Subject to subregulations 14.2 and 14.3, the Patents Regulations, as in
force on 30 June 1995, continue to apply to a standard patent, other than a
transitional standard patent, whose term:
  (a) was, on 30 June 1995, capable of being extended under Division 2 of Part
3 of Chapter 6 of the Act; or
  (b) had, on or before that date, been extended for a period of 4 years
ending after that date.

  14.2 Subregulation 13.6 (4) of the Patents Regulations, as in force on 30
June 1995, continues to apply to a standard patent referred to in
subregulation 14.1 as if the words "or 8" were omitted from paragraph 13.6 (4)
        (b).

  14.3 Subregulation 14.1 does not apply to the amendments made by regulation
13.

  14.4 If an additional fee specified in item 7 in Part 2 of Schedule 7 to the
Patents Regulations would, apart from this subregulation, be payable in
respect of the 16th anniversary of a transitional standard patent, the
additional fee is not payable if the fee (specified in paragraph (n) of that
item) for that anniversary is paid before 1 September 1995.

  14.5 In this regulation:
  "transitional standard patent" has the same meaning as in the Patents (World
Trade Organization Amendments) Act 1994.


- NOTES


1995 No. 82*1* PATENTS REGULATIONS*2* (AMENDMENT)



*1* Notified in the Commonwealth of Australia Gazette on 9 May 1995.
*2* Statutory Rules 1991 No. 71 as amended by 1991 No. 456; 1992 No. 148; 1993
Nos. 113, 227, 340 and 341; 1994 Nos. 182, 317 and 387; 1995 Nos. 16 and 20.