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PATENTS REGULATIONS 1991 - REG 22.2 General fees

PATENTS REGULATIONS 1991 - REG 22.2

General fees

  (1)   For the purposes of subsection   227(1) of the Act, there is payable to the Commissioner in respect of a matter specified in an item of Part   1 or 2 in Schedule   7 a fee of the amount specified in that item.

  (2)   The fees are payable as follows:

  (a)   the fee for filing an application, request or other document is payable when the application, request or other document is filed;

  (b)   the fee for appearing and being heard at an oral hearing is payable:

  (i)   for the first day -- immediately before the hearing; and

  (ii)   for each day or part of a day after the first day -- immediately after the hearing;

  (ba)   the fee for a hearing on the basis of written submissions only is payable when the written submissions are filed;

  (d)   the fee for acceptance of a patent request and complete specification, under section   49 of the Act, is payable when the application is accepted ;

  (e)   if the Commissioner decides to conduct a search as part of the examination of a patent request and complete specification for a standard patent, the fee is payable when the Commissioner notifies the applicant that the fee is payable.

  (3)   If an item specifies the person by whom a fee is payable, the fee is payable by that person.

  (4)   For paragraph   29A(5)(b) of the Act:

  (a)   if a PCT application is to be treated as an application for a standard patent:

  (i)   the fee specified in item   2 14A of Schedule   7 is payable in respect of the application for a standard patent; and

  (ii)   if the PCT application was filed in the Patent Office as a receiving office for the purposes of the PCT -- the fees specified in item   301, and items   401 to 404, of Schedule   7 are payable in respect of the PCT application; and

  (b)   the fee specified in item   2 03 of Schedule   7 is not payable in respect of a PCT application.

  (6)   Paragraph   2 11(a) of Schedule   7 , as in force on 1   July 2012, applies to:

  (a)   a patent:

  (i)   that has a date of patent of 1   July 2008 or later; and

  (ii)   the fourth anniversary of which falls on or after commencement; and

  (b)   a patent application:

  (i)   filed on or after 1   July 2008; and

  (ii)   the fourth anniversary of which falls on or after commencement.

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