Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

PATENTS REGULATIONS (AMENDMENT) 1993 NO. 227

STATUTORY RULES 1993 No. 227

Issued by the Authority of the Minister for Science and Small Business

Patents Act 1990

Patents Regulations (Amendment)

The Statutory Rules amend the Patents Regulations (the Regulations) to update the English text of the Patent Cooperation Treaty (the PCT) set out in Schedule 2 to the Regulations. Consequent on amendments to the Regulations under the PCT, adopted by the Assembly of the International Patent Cooperation Union (the PCT Assembly) on 29 September 1992, the English text of the PCT set out in Schedule 2 to the Regulations requires amendment. Some of those amendments took effect on 1 October 1992, and the remainder of the amendments took effect on 1 January 1993. The amendments to the Regulations under the PCT effected procedural changes. Details of the amendments made by these Statutory Rules are as follows:

Regulation 1 sets 1 October 1992 as the commencement day for subregulations 3.1, 4.1 and 4.4, and sets 1 January 1993 as the commencement day for the remainder of the regulations.

By virtue of subsection 228(5) of the Patents Act 1990, it is necessary to keep the English text of the PCT set out in Schedule 2 to the Regulations in an up-to-date form. Consequently, the necessary amendments to that English text are taken to have commenced on the dates on which the relevant amendments to the Regulations under the PCT took effect, that is, 1 October 1992 or 1 January 1993, as appropriate. As the amendments to the Regulations under the PCT relate to procedural changes, a person's rights in Australia are unaffected by the retrospective commencement of these Statutory Rules.

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

Regulation 3 amends subregulation 1.4(2) of the Regulations to reflect each of the days on which the amendments made by these regulations to the English text of the PCT set out in Schedule 2 to the Regulations are taken to have commenced.

Regulation 4 amends the English text of the PCT set out in Schedule 2 to the Regulations to correspond with the amendments to the Regulations under the PCT adopted by the PCT Assembly on 29 September 1992.