Commonwealth Numbered Regulations - Explanatory Statements

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PATENTS REGULATIONS (AMENDMENT) 1993 NO. 341

STATUTORY RULES 1993 No. 341

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 and 29 September 1993, the English text of the PCT set out in Schedule 2 to the Regulations requires amendment. Those amendments to the Regulations under the PCT effect procedural changes with effect from 1 January 1994. 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 upto-date form. Details of the amendments made by these Statutory Rules are as follows:

Regulation 1 provides that these Regulations commence on 1 January 1994.

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

Regulation 3 amends subregulation 1.4(2) of the Regulations to reflect the day on which these Regulations, which amend the English text of the PCT set out in Schedule 2 to the Regulations, come into force.

Regulation 4 makes consequential amendments to the Table of Provisions following the amendments made by regulation 5 of these Regulations.

Regulation 5 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 and 29 September 1993. Included are provisions for:

•       Chinese to be an official language for filing and publication of applications under the PCT, following China's accession to the PCT; and

•       the International Bureau to act as a Receiving Office for applications under the PCT.

Currently applications under the PCT may only be received by Receiving Offices in States that are party to the PCT. These are generally national patent offices. The International Bureau is the secretariat of the association of States that are party to the PCT.