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:
(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
(i) filed on or after 1 July 2008; and
(ii) the fourth anniversary of which falls on or after
commencement.