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Commonwealth Government Records about South Australia


13. Patents, copyright and trademarks

Image 18: R Squarise sheet music, ‘The Adelaide Arcade grand polka’, submitted as part of a copyright registration application, 1885

Image 18: R Squarise sheet music, ‘The Adelaide Arcade grand polka’, submitted as part of a copyright registration application, 1885
NAA: AP476/4, B206
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At Federation in 1901, under the new Constitution the power to make laws about copyright, patents of inventions and designs, and trademarks passed from colonial administration to the Commonwealth Government.

The registration of patents came under the control of the Commonwealth Government with the passing of the Patents Act 1903. Under this Act, state patents continued in force until their normal expiry or transfer to the Commonwealth register.

The trademarks function passed to the Commonwealth under the Trade Marks Act 1905. A Trade Marks Office was established and the Commissioner of Patents was appointed Registrar of Trade Marks.

Copyright was regulated by state governments until 1 January 1907 when the Copyright Act 1905 came into effect. This Act left the existing laws of the states but transferred the administration of them to the Commonwealth, and created a Copyright Office and a Registrar of Copyrights.

The last of these functions to pass to the Commonwealth Government was designs. The Designs Act 1906 came into operation on 1 January 1907. Under this Act a Designs Office was established and the Commissioner of Patents was appointed Registrar of Designs.

South Australian colonial and state patent, copyright and trademark records were passed to the new Commonwealth Patent Office and are now held by the Archives. These records may include the original exhibit, although some of the early applications were split from the exhibit, some of which are now held at the State Library of South Australia.

Records relating to patents, copyright and trademarks in South Australia include registers, indexes, volumes of certificates, application files including written specifications and drawings, and correspondence.

Selected series relating to colonial patents, copyright and trademarks in South Australia
Canberra
Recorded by: General Registry Office
Written specifications and drawings for registration of South Australian patents, 1857–77 A13195
Canberra
Recorded by: Patents Office, South Australia
Applications for registration of South Australian trademarks, 1867–1906 A11833
Classification and proprietors' index to South Australian trademarks, 1867–1906 A1155
Registers of South Australian trademarks, 1867–1906 A1153
Volumes of provisional and absolute certificates of South Australian trademarks, 1867–92 A1154
Register of applications for South Australian patents, 1877–1904 A1152
Register of South Australian colonial patents, 1877–99 A1148
Registers of South Australian deeds of letters patent granted, 1877–1903 A1149
Written specifications and drawings for registration of South Australian trademarks, second system, 1878–1904 A13128
Index to applications for patents, 1886–96 A1147
Classification index to South Australian trademarks, 1893–1906 A1156
Register of applications for South Australian trademarks, 1893–99 A1157
Adelaide
Recorded by: Patents, Copyright and Trade Marks Offices, South Australia
Correspondence relating to trademarks, 1881–1902 AP476/2
Register of trademarks, 1867–1906 AP494/4
Trademarks 'Class' index (classes 1 to 50), 1867–1906 AP494/6
Applications for absolute certificates, 1869–81 AP476/10
Miscellaneous papers, 1873–87 AP476/13
Correspondence concerning provisional registrations of improvements to existing patents, 1875–78 AP476/8
Administrative correspondence (miscellaneous), 1876–1906 AP476/12
List of trademarks filed and registered in the office of the registrar of trademarks South Australia, 1876–82 AP494/7
Correspondence requesting official forms and details necessary for application for letters patent in the Province of South Australia, 1877–78 AP476/9
Register of patents, 1877–1904 AP494/1
Applications for registration of copyright of literary, dramatic and musical productions, pictures, 1878–1906 AP476/4
Caveats to patent applications, 1878–94 AP476/6
Correspondence files relating to copyright, trademarks and patents, 1878–1908 AP476/7
Correspondence files relating to patents, 1878–1905 AP476/3
Outwards letter books, 1878–97 D4377
Petitions for South Australian colonial patents with specifications, 1878–1904 AP476/1
Register of copyright designs, 1878–1906 AP497/8
Register of copyright of literary, dramatic and musical productions, lectures, 1878–1906 AP494/9
Register of proprietors – letters patent, 1878–1913 AP494/3
Applications for registration of copyright of paintings, drawings, works of sculpture, engravings and photographs, 1880–1908 D4477
Register of copyright in paintings, drawings, works of sculpture, engravings and photographs, 1880–1908 AP494/10
Patents index to name and subject, 1886–96 AP494/2
Additional representation of trade mark to accompany application for registration, 1893–1906 AP476/5
Trademarks application book, 1893–99 AP494/5
Index to patents applications, 1897 AP1032/1
Selected series relating to patents, copyright and trademarks in South Australia after federation
Canberra
Recorded by: General Registry Office
South Australian registration of firms documents, 1919–32 A13244
Canberra, Adelaide
Recorded by: Patents Office, South Australia
Printed copyright indexes, 1907–15 A1960
Annual printed copyright indexes, 1908–69 A1965
Name and subject matter index of applications for registration of artistic copyright, 1916–36 A1963
Name index of applications for registration of literacy, musical and dramatic copyright, 1916–36 A1961
Titles and name index of performing right and international copyright applications, 1916–36 A1964
Titles and subjects index for literacy, musical and dramatic copyright, 1916–36 A1962
Sydney
Recorded by: Patents, Trade Marks and Designs Sub-office, South Australia
Binders of classified representations of trademarks, 1906–2002 D5549
Bound volumes of classified representations of trademarks (classifications 1–50), 1906–58 D5005
Selected items relating to patents, copyright and trademarks in South Australia
Canberra
Acts of Parliament with rules and regulations relating to Patents, Trade Marks, Copyrights, Public Library, South Australia, 1859–92 AA1968/198, 578
Specification for registration of patent by Franz Kindermann – improvements in the driving mechanism of bicycles, 1896 A13128, 4439
Application for trademark – Glen Ewin Jams in respect of jams, jellies, sauces and condiments by George McEwin and Sons, 1885 A11833, 522
Adelaide
Map of Adelaide and surrounding districts, plus copyright form, 1899 D4477, 421
Cuttings from South Australian Advertiser – transfer of Copyrights and Designs Acts from all states to the Commonwealth, 1907 AP476/7, 4/1907

Further information

For further information see the following resources, available on the Archives' website:

For further records relating to intellectual property, contact IP Australia.


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