Patents Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 93 1

Patents Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Patents Act 1952.

Dated 9 May 1989.

BILL HAYDEN

Governor-General

By His Excellency's Command,

BARRY O. JONES

Minister of State for Science, Customs and Small Business

Commencement

1. These Regulations commence on 1 July 1989.

I and II and substituting the following Parts:

Refund of certain fees

2. Regulation 81B of the Patents Regulations is amended by omitting

"$65" and substituting "$70".

Request for information under section 30 of the Act

3. Regulation 87 of the Patents Regulations is amended:

(a) by omitting from subregulation (2) "$490" and substituting "$530";

(b) by omitting from paragraph (3) (a) "$40" and substituting "$45".

Schedule 2

4. Schedule 2 to the Patents Regulations is amended by omitting Parts

Patents 1989 No. 93 379

"PART I—GENERAL FEES

Column 1	Column 2	Column 3
Item No.	Matter	Fee
$

1 On lodging an application for a patent accompanied by

a provisional specification 70
2	On lodging an application for a petty patent 70

3 On lodging a complete specification (with or after the

lodgment of an application) 150

together with:

(a) if the number of sheets comprising the specification, including any drawings- contained in the specification, exceeds 10—for each sheet in excess of 10 7

(b) if the number of claims exceeds 10—for each claim

in excess of 10 7

4 On lodging a request for examination of an application:

(a) where the request was not preceded by a direction of the Commissioner under section 47A or 47B of the Act:

(i) in the case of a request for an examination to be made in accordance with section 48 of the Act 310

(ii) in the case of a request for a modified

examination 260

(b) where the request was preceded by a direction of the Commissioner under section 47A or 47B of the Act (whether or not the applicant had, before the request was made, requested deferment of the examination under section 52B of the Act):

(i) in the case of a request for an examination to be made in accordance with section 48 of the Act 260

(ii) in the case of a request for a modified

examination 220

5 On lodging a notice under section 47B of the Act requiring the Commissioner to direct an applicant to request examination 80

6 Continuation fee for the purposes of section 47D of the

Act and subregulation 16A (1):

(a) second year	75
(b) third year	100
(c) fourth year	120
(d) fifth year	140
(e) sixth year	170
(f) seventh year	195
(g) eighth year	230
(h) ninth year	260
(i) tenth year	300
(j) eleventh year	335
(k) twelfth year	375
(1) thirteenth year	410
(m) fourteenth year	455
(n) fifteenth year	505

380 Patents 1989 No. 93

C o l u m n 1 C o l u m n 2 C o l u m n 3

I tem	N o.	M a t t e r	Fee
$

7 O n lodging an applicat ion to restore an appl icat ion tha t

has lapsed or a pa t en t t ha t has ceased 80
8	For restoring a lapsed applicat ion or ceased pa ten t 175
9	O n lodging a notice of opposit ion under section 47E, 59, 82, 95, 97 or 160 of the Act or regulation 16F, 43, 5 1, 77 or 81A 80

10

O n lodging an appl icat ion to lodge further evidence in

opposi t ion proceedings 70

11

O n appear ing a t a hear ing or lodging a request for the

exercise of discretionary power under regulation 19D 75

12

Fo r sealing a s tandard pa ten t 225

13

O n lodging an appl icat ion for the grant of an extension

of the t e rm of a pe t ty pa ten t 45

14

Fo r grant ing an extension of the t e rm of a pe t ty pa ten t 265

15

15

15

15

15

15

15

15

15

15

15

15

15

15

15

Renewal fee for the purposes of subsection 68 (2) of the Act a n d subregulat ion 29 (1 ):

( a ) second year 75

(b ) th i rd year 100

(c) fourth year	120
(d ) fifth year	140
(e) sixth year	170
(f) seventh year	195
(g) eighth year	230

(h ) n in th year 260

(i) t en th year 300

(j) e leventh year	335
(k ) twelfth year	375

(1) th i r teen th year 410

( m ) four teenth year 455

(n ) fifteenth year 505

16

O n lodging an appl icat ion under section 71 of the Act

for a dupl ica te of a pa ten t t o be sealed 45

17

O n lodging a request t o amend a specification under

section 77 of the Act 90

18	18	18	18
18 O n lodging:

(a) a request under regulation 76, not being a request

for change of address or a request referred t o in

pa rag raph (b ) 45

(b)

simultaneously, 2 or more requests under paragraph 76 (2) (b ) to change a n a m e entered in t he Register t o the same n a m e in respect of all the entries in t he Register t o which the requests relate:

(i) for 1 of those requests	45
(ii) for each o ther of those requests	25

19

19 O n making an appl icat ion:

( a ) under section 2 1, 22 or 23 of the Act, where more t h a n 1 appl icat ion is m a d e at the same t ime and where, in respect of each such appl icat ion, the devolut ion of title or interest is the same in respect of all of the pa ten t s t o which the appl icat ions relate:

Patents 1989 No. 93 381

Column 1	Column 2	Column 3
Item No.	Matter	Fee
$

(i) for 1 of those applications	45
(ii) for each other of those applications	25

(b)	in any other case under section 21, 22 or 23 of the
Act 45
(c)	under subsection 65 (2), section 74 or 95 or
subsection 154 (1) or (2) of the Act 45

20

On making a request under subsection 34 (4), section

52B, subsection 52 (3) or 54A (1) of the Act 45

21

On filing an agreement under section 64 of the Act 45

22

22

22

Subject to subregulation 5A (3), on the lodgment of any document or documents referred to in subsections 143 (3) and (4) of the Act, 3 months after lodgment of the application and:

(a) before or at the time of lodgment of a request for

examination	45
(b) after lodgment of a request for examination	145

23

23

On lodging an application under subsection 160 (2) of the Act for an extension of time on the ground specified in paragraph 160 (2) (a) of the Act:

(a) if lodged before the end of the time to be

extended—for each month or part of a month for

which the application is made 45

(b) if lodged after the end of the time to be extended— the amount payable under paragraph (a) plus an

amount of 70

24

For an extension of time under subsection 160 (2) of the Act on the ground specified in paragraph 160 (2) (a) of the Act, if the extension is granted after the end of the period for which the application is made—for each

month or part of a month for which the time is extended

S45 less any

amount paid

under

paragraph (a)

of item 23

25

On lodging an application under subsection 160 (2) of

the Act for an extension of time on the ground specified

in paragraph 160 (2) (b) of the Act 45

26

On lodging an application to which paragraph 82 (b)

applies, other than an application under subsection 54 (3)

or 66 (4) of the Act

S55 plus S25

for each

month or part

of a month

for which the

application is

made

27

On lodging an application for an extension of time, other than an application to which paragraph 82 (b) applies or under subsection 54 (3) or 66 (4) of the Act—for each month or part of a month for which the

application is made 45

382 Patents 1989 No. 93

Column 1	Column 2	Column 3
Item No.	Matter	Fee $
28
28
28	For supply of a photographic copy:
(a) of a patent specification	15
(b) of another document	10
29	29
29	For supply of a certificate by the Commissioner:
(a) in the case of the first certificate supplied	70
(b) in the case of each additional certificate that is the
same, and supplied at the same time, as the first
certificate	50
30	On lodging a request for the furnishing of information under section 30 of the Act, where the provision of that information does not entail an international-type search or a special search referred to in subregulation 87 (2) or (3)—in respect of each application, patent or other document	45
31	On lodging a request under section 56 of the Act for
the result of a search made under subsection 48 (3) of
the Act	25
32
32
32	For lodgment of substitute pages in compliance with a
direction under regulation 7B:
(a) within 3 months after the date on which the

direction was given	30
(b) after the time specified in paragraph (a) but before
the application becomes open to public inspection	80

33 For taxing costs 40

PART II—GENERAL FEES FOR INTERNATIONAL APPLICATIONS

Column 1	Column 2	Column 3
Item No.	Matter	Fee S

1	Transmittal fee under Rule 14 of the Treaty	45
2	Search fee under Rule 16 of the Treaty	530
3	Additional fee for search under Article 17 (3) (a) of the
Treaty	470

4	Preliminary examination fee under Rule 58 of the Treaty	265
5	Additional fee for international preliminary examination
under Article 34 (3) (a) of the Treaty	265
6	For a copy of a document in accordance with Rules
44.3 (b) and 71.2 (b) of the Treaty	15

Application and transitional

5. (1) The amendments made by regulation 4 do not apply in respect

of:

(a) a continuation fee in respect of a year; or

(b) a renewal fee in respect of a year of a patent;

being a year or year of a patent ending on or after the commencement of these Regulations, if that continuation fee or renewal fee became due and payable, and has been paid, before that commencement.

Patents 1989 No. 93 383

(2) Where an application for a standard patent has been accepted under section 52 or 52D of the Act before the commencement of these Regulations, the fee payable for the sealing of the patent is the fee that was applicable to the sealing of such a patent immediately before that commencement.

(3) In this regulation:

"continuation fee" means a continuation fee for the purposes of section

47D of the Act;

"renewal fee" means a renewal fee for the purposes of subsection 68 (2)

of the Act.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 May 1989.

2. Statutory Rules 1962 No. 2 as amended by 1963 No. 52; 1965 No. 102; 1969 No. 151 (as amended by 1969 No. 212); 1974 Nos. 38 and 262; 1975 No. 201; 1976 No. 236; 1977 No. 177; 1979 No. 93; 1980 Nos. 68 and 320; 1981 Nos. 1, 202, 203, 243 and 372; 1982 Nos. 232 and 350; 1983 Nos. 48, 206 and 325; 1984 Nos. 254 and 435; 1985 No. 316; 1986 No. 259; 1987 Nos. 78, 138 and 331; 1988 No. 100.