Commonwealth Numbered Regulations - Explanatory Statements

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PATENTS AMENDMENT REGULATIONS 1998 (NO. 5) 1998 NO. 257

STATUTORY RULES 1998 NO. 257

Issued by the Authority of the Minister for Industry, Science and Tourism

Patents Act 1990

Patents Amendment Regulations 1998

The Statutory Rules amend the Patents Regulations (the Regulations) to

*       in line with current drafting conventions adopt a new name for the Regulations and substitute a new regulation 21.2 to clarify the current wording;

*        substitute Schedule 6A to the Regulations to update the list of prescribed employees ;and

*       amend Schedule 4 to the Regulations to update the list of Convention countries.

Details of the amendments made by these Statutory Rules are as follows:

Regulation 1 identifies the Statutory Rules as the Patents Amendment Regulations 1998.

Regulation 2 specifies that the Statutory Rules are to commence on gazettal.

Regulation 3 identifies the Patents Regulations as those being amended.

Regulation 4 substitutes regulation 1.1 of the Regulations with a revised regulation to adopt a new naming convention for regulations.

Regulation 5 substitutes regulation 21.2 of the Regulations with a revised regulation clarifying the wording of this regulation. Regulation 21.2 determines the employees to whom the Commissioner of Patents may delegate powers and functions.

Regulation 6 amends Schedule 4 to the Regulations to include the Democratic Republic of Sao Tome and Principe in the list of Convention countries. This reflects the fact that the Democratic Republic of Sao Tome and Principe acceded to the Paris Convention for the Protection of Industrial Property (Paris Convention),

The Paris Convention, inter alia, enables nationals of member states to claim the actual date they originally filed their application for a trade mark as the effective date of filing in other Convention countries (Article 4). However, the applications must be filed within a certain time after the initial filing in order to obtain priority (12 months for patents). One of the advantages of the right of priority is that when an applicant desires protection in several countries, the applications are not required to be filed at the same time. The applicant has 12 months to decide in what countries to file applications and to organise, with due care, the steps to take to ensure protection. As Australia is a member of the Paris Convention this right also applies to Australian nationals.

Regulation 7 substitutes a new Schedule 6A to the Regulations to reflect changes made to IP Australia's employee classification made under IP Australia's certified agreement. This change is required to permit the Commissioner of Patents to delegate certain powers and functions to prescribed employees under subsection 209 (1) of the Patents Act 1990.

The regulations are to commence on gazettal.