PATENTS REGULATIONS (AMENDMENT) 1994 NO. 387

PATENTS REGULATIONS (AMENDMENT) 1994 NO. 387

STATUTORY RULES 1994 No. 387

Issued by the Authority of the Minister for Small Business, Customs and Construction

Patents Act 1990

Patents Regulations (Amendment)

Subsection 228(1) of the Patents Act 1990 (the Act) allows the Governor-General to make regulations for the purposes of the Act and for the conduct of any business relating to the Patent Office.

The Statutory Rules amend the Patents Regulations (the Regulations) to replace the provision that requires the Commissioner of Patents (the Commissioner) to be the Chairperson of the Patent Attorneys Professional Standards Board (PAPSB) with a new provision which provides for the Ministerial appointment of a person who holds, or performs the duties of, a Senior Executive Service office in the Australian Industrial Property Organisation (AIPO). The Statutory Rules also amend the Regulations to allow the Minister to appoint as the Secretary to the PAPSB, a person who holds, or performs the duties of, an office in AIPO. In addition, the Statutory Rules amend Schedule 5 to the Regulations by replacing the prescribed patent attorneys examination subjects 6, 7 and 8 with new subjects that would place greater emphasis on matters of direct relevance to patent attorneys' practice in Australia. The Statutory Rules also make a number of minor consequential changes.

Regulation 1 sets 30 May 1995 as the commencement date for regulations 9 and 10. The remainder of the regulations commence on gazettal.

Regulation 2 identifies the Patents Regulations as those to be amended.

Regulation 3 defines "AIPO" and "Chairperson" for the purposes of Chapter 20 of the Regulations.

This regulation also amends the definition of "member" of the PAPSB in regulation 20.1 of the Regulations by omitting the reference to the "Commissioner" and inserting reference to the "Chairperson", consequential on the changes made by regulation 4.

Regulation 4 omits existing subregulation 20.32(3) of the Regulations and substitutes a new provision which allows the Minister to appoint in writing as Chairperson of the PAPSB, a person who holds, or performs the duties of, a Senior Executive Service office in AIPO. In addition, this regulation inserts new subregulation 20.32(4) which requires that the appointment of the Chairperson be published in the Official journal. This regulation also replaces the reference to "Commissioner" in paragraph 20.32(2)(a) of the Regulations with a reference to "Chairperson".

Regulations 5.6 and 7 amend regulations 20.37, 20.38 and 20.39 of the Regulations to substitute "Chairperson" for "Commissioner", wherever occurring, consequential on the changes made under regulation 4.

Regulation 8 amends regulation 20.40 of the Regulations to allow the Minister to appoint in writing as Secretary to the PAPSB, a person who holds, or performs the duties of, an office in AIPO; consequently removing the restriction that the Secretary must only be an employee of the Patent Office. In addition, new subregulation 20.40(1A) is inserted to require that future appointments of the Secretary of the PAPSB be published in the Official journal.

Regulation 9 amends Schedule 5 to the Regulations to replace subjects 6, 7 and 8 (namely, "Interpretation and Criticism of Specifications", "Patent, Trade Marks and Designs Law and Practice of Countries other than Australia" and "Patent Attorneys' Practice") with new subjects 6, 7 and 8 (namely, "Validity and Infringement of Patents", "Patent Attorneys' Practice, Part 1") and "Patent Attorneys' Practice, Part 2") respectively. This amendment allows the prescription of patent attorneys' examination subjects that are of direct relevance to patent attorneys' practice in Australia.

Regulation 10 is a savings provision which provides that a person who, before 30 may 1995, passed, or had received an exemption under regulation 20.13 of the Regulations from having to pass, a subject or subjects detailed in items 6, 7 or 8 of Schedule 5, is taken to have passed the new subject or subjects detailed in items 6, 7 or 8 of Schedule 5 as amended by regulation 9.