Statutory Rules
1982 No.232l
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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 23 September 1982.
N. M. STEPHEN
Governor General
By His Excellency’s Command,
DAVID
THOMSON
Minister
of State for Science and Technology
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Commencement
1. These Regulations shall
come into operation on 1 October 1982.
Notice
under sub-section 57 (1) or 68 (3)
2. Regulation 19C of the
Patents Regulations is amended by omitting from sub-regulation (1) “sub-regulation”
(second occurring) and substituting “sub-section”.
3. After regulation 84 of
the Patents Regulations the following regulation is inserted:
Remission
of fees or exemption from payment
“84A. Where the Commissioner is
satisfied that such action is justified, having regard to all the circumstances
of the case, he may remit, or exempt a person from the payment of, the whole or
any part of the fee.”.
Exercise
of discretionary power by Commissioner
4. Regulation 85 of the
Patents Regulations is amended by omitting “days” from sub-regulation (1) and
substituting “days”.
Request
for information under section 30 of the Act
5. Regulation 87 of the
Patents Regulations is amended by omitting from sub-regulation (2) “$300” and
substituting “$350”.
Second
Schedule
6. The Second Schedule to
the Patents Regulations is amended by omitting Parts I and II and substituting
the following Parts:
PART
1 GENERAL FEES
Column 1 | Column 2 | Column
3 |
Item | Matter | Fee |
| 1 | On lodging an
application for a patent accompanied by a provisional specification...
| $ 20 |
2 | On lodging an
application for a petty patent..........................................................
| 55 |
3 | On lodging a
complete specification (with or after the lodgment of an application)
together with
| 55 |
(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......................................................
|
(b) if
the number of claims exceeds 10 for each claim in excess of 10.........
| 4 |
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
| 160 |
(ii)
in the case of a request for a modified examination.................
| 130 |
(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 the 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
| 130 |
(ii)
in the case of a request for a modified examination.................
| 100 |
5 6 | On lodging a
notice under section 47b of the
Act requiring the Commissioner to direct an applicant to request examination
| 60 |
Continuation fee
for the purposes of section 47d of
the Act, calculated by reference to the year after the lodgment of the
complete specification in respect of the application to which the fee relates........................
|
(a)
the second year................................................................................
| 50 |
(b)
the third year...................................................................................
| 60 |
(c)
the fourth year.................................................................................
| 70 |
(d)
the fifth year....................................................................................
| 80 |
(e)
the sixth year...................................................................................
| 90 |
(f)
the seventh year................................................................................
| 100 |
(g)
the eighth year.................................................................................
| 110 |
(h)
the ninth year..................................................................................
| 120 |
(i)
the tenth year...................................................................................
| 130 |
(j)
the eleventh year...............................................................................
| 140 |
(k)
the twelfth year................................................................................
| 150 |
(1)
the thirteenth year............................................................................
| 160 |
(m)
the fourteenth year..........................................................................
| 170 |
(n)
the fifteenth year..............................................................................
| 180 |
7 | On lodging an
application to restore an application that has lapsed or a patent that has
ceased
| 60 |
8 | For restoring a
lapsed application or ceased patent................................................
| 130 |
9 | On lodging a
notice of opposition under section 47e,
59, 82, 95,97 or 160 of the Act or regulation 16F, 43, 51, 77 or 81a
| 45 |
10 | On lodging an
application to lodge further evidence in opposition proceedings.........
| 50 |
SECOND SCHEDULE—continued
Column 1 | Column 2 | Column
3 |
Item | Matter | Fee |
| 11 | On appearing at a
hearing or lodging a request for the exercise of discretionary power under
regulation 19D
| $ 55 |
12 | For sealing a
standard patent.....................................................................
| 90 |
13 | On lodging an
application for the grant of an extension of the term of a petty patent
| 30 |
14 | For granting an
extension of the term of a petty patent...................................
| 200 |
15 | Renewal fee on
the expiration of a year of the patent specified in this item— (a)
the second year.....................................................................
| 50 |
(b)
the third year........................................................................
| 60 |
(c)
the fourth year.......................................................................
| 70 |
(d)
the fifth year.........................................................................
| 80 |
(e)
the sixth year........................................................................
| 90 |
(f)
the seventh year.....................................................................
| 100 |
(g)
the eighth year......................................................................
| 110 |
(h)
the ninth year........................................................................
| 120 |
(i)
the tenth year.........................................................................
| 130 |
(j)
the eleventh year....................................................................
| 140 |
(k)
the twelfth year.....................................................................
| 150 |
(1)
the thirteenth year..................................................................
| 160 |
(m)
the fourteenth year................................................................
| 170 |
(n)
the fifteenth year...................................................................
| 180 |
16 | On lodging an application
under section 71 of the Act for a duplicate of a patent to be sealed
| 20 |
17 | On lodging a
request to amend a specification under section 77 of the Act.........
| 70 |
18 | On lodging a
request under regulation 76, not being a request for change of address, in
respect of each application or patent to which the request relates...................................................................
| 20 |
19 | On making an
application under section 21, 22, 23, 74 or 95 or sub-section 65 (2) or
154(1) or (2) of the Act
| 20 |
20 | On making a
request under section 52b or sub-section
34 (4), 52 (3) or 54a (1) of the
Act
| 20 |
21 | On filing an
agreement under section 64 of the Act.......................................
| 20 |
22 | Subject to
sub-regulation 5a (3), on the
lodgment of any document or documents referred to in sub-sections 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
| 30 |
23 | (b)
after lodgment of a request for examination................................
On lodging an
application under sub-section 160 (2) of the Act for an extension of time on
the grounds specified in paragraph 160 (2) (a) of the Act—
| 110 |
(a) if
lodged before the expiration of the time to be extended—for each month or
part of a month for which the application is made..............................................................
| 25 |
(b) if
lodged after the expiration of the time to be extended—the amount payable
under paragraph (a) plus an amount of .........................................................................
| 50 |
24 | For an extension
of time under sub-section 160 (2) of the Act on the grounds specified in
paragraph 160 (2) (a) of the Act, if the extension is granted after the
expiration of the period for which the application is made—for each month or
part of a month for which the time is extended
| $25
less any amount paid under paragraph (a) of item 23 |
25 | On lodging an
application under sub-section 160 (2) of the Act for an extension of time on
the grounds specified in paragraph 160 (2) (b) of the Act.............................................................
| 30 |
26 | On lodging an
application to which paragraph 82 (b) applies other than an application under
sub-section 54 (3) or 66 (4) of the Act..........................................................................................
| $40
together with $25 for each month or part of a month for which the application
is made |
SECOND SCHEDULE— continued
Column 1 | Column 2 | Column
3 |
Item | Matter | Fee |
| 27 | On lodging any
other application for an extension of time other than an application under
sub-section 54 (3) or 66 (4) of the Act for each month or part of a month for
which the application is made...
| $ 25 |
28 | For the supply of
photographic copies (a) of
patent specifications...............................................................
| $5
per specification |
(b) of
any other document................................................................
| $3
per document |
29 | For a certificate
by the Commissioner............................................................
| 25 |
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 sub-regulation 87 (2) or (3)
respectively in respect of each application, patent or other document...................................
| 10 |
31 | On lodging a
request under section 56 of the Act for the result of a search made under
sub-section 48 (3) of the Act...............................................................................................................
| 10 |
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......
| 20 |
(b)
after the time specified in paragraph (a) but before the application becomes open
to public inspection...............................................................................................
| 60 |
33 | For taxing costs...........................................................................................
| 25 |
PART II GENERAL
FEES FOR INTERNATIONAL APPLICATIONS
Column 1 | Column 2 | Column
3 |
Item | Mailer | Fee |
| 1 | Transmittal lee
under Rule 14 of the Treaty........................................................
| $ 30 |
2 | Search fee under
Rule 16 of the Treaty...............................................................
| 350 |
3 | Additional fee
for search under Article 17(3) (a) of the Treaty..............................
| 300 |
4 | Preliminary
Examination fee under Rule 58 of the Treaty.....................................
| 150 |
5 | Additional fee
for international preliminary examination under Article 34 (3) (a) of the
Treaty
| 150 |
6 | For copies of
documents in accordance with Rules 44.3 (b) and 71.2 (b) of the Treaty per
document
| 5 |
Third
Schedule
7. The Third Schedule to
the Patents Regulations is amended by omitting from clause 3 in Part II and
clause 6 in Part III “International Standards Organization” and substituting “international
sheet”.
Application
and savings
8. (1) Notwithstanding the
amendments of the Patents Regulations made by these Regulations, where, before
the commencement of these Regulations, a renewal fee has been paid in respect
of a year of a patent, being a year that expires on or after the commencement
of these Regulations, the fee so paid shall be deemed to be the renewal fee
payable in accordance with the Patents Regulations as amended by these
Regulations in respect of that year of the patent.
(2) Notwithstanding the
amendments of the Patents Regulations made by these Regulations, where, in
relation to an application or a further application for a patent, a
continuation fee for purposes of section 47D of the Patents Act 1952 has been paid before the date of commencement of
these Regulations in respect of a year, being a year that expires on or after
the date of commencement of these Regulations, the fee so paid shall be deemed
to be the continuation fee payable under the Second Schedule to the Patents
Regulations as amended by these Regulations in respect of that year.
(3) Notwithstanding the
amendments of the Patents Regulations made by these Regulations, where—
(a)
in relation to an application or a further application for a patent, a
continuation fee for the purposes of section 47D of the Patents Act 1952 has been paid in respect of a year, being a year
that expires on or after the commencement of these Regulations; and
(b)
after the payment of the fee but before the expiration of that year, a patent
is sealed on that application or further application,
the
fee so paid shall be deemed to be a renewal fee payable in accordance with the
Patents Regulations as amended by these Regulations in respect of that year of
that patent.
(4) Notwithstanding the
amendments of the Patents Regulations made by these Regulations, where an
application for a standard patent has been accepted under section 52 or 52D of
the Patents Act 1952 before the date
of commencement of these Regulation that fee payable of the sealing of the
patent is the fee that, but for these Regulations, would have been payable in
respect of the sealing of that patent immediately before that date.
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NOTES
1.
Notified in the Commonwealth of Australia
Gazette on 27 September 1982.
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.