Statutory Rules
1981 No. 2431
––––––––––––
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 20 August 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
DAVID
THOMSON
Minister
of State for Science and Technology
–––––––––––––
Commencement
1. These Regulations shall
come into operation on 1 October 1981.
Second
Schedule
2. The Second Schedule to
the Patents Regulations is amended by omitting Part I and substituting the following Part:
PART I—GENERAL FEES
Column 1 | Column 2 | Column
3 |
Item | Matter | Fee |
| 1 | On lodging an
application for a patent accompanied by a provisional specification
| $ 10.00 |
2 | On lodging an
application for a petty patent...................................................
| 45.00 |
3 | On lodging a
complete specification (with or after the lodgment of an application)
together with— | 45.00 |
(a) if
the number of sheets comprising the specification, including any drawings
contained in the specifications, exceeds 10— for each sheet in excess of 10............................
| 2.00 |
(b) if the number of claims
exceeds 10—for each claim in excess of 10
| 4.00 |
SECOND SCHEDULE—continued
Column 1 | Column 2 | Column
3 |
Item | Matter | Fee |
| 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.................................................................................
| 150.00 |
(ii) in the case of a request for
a modified examination
| 120.00 |
(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.................................................................................
| 120.00 |
(ii)
in the case of a request for a modified examination.........
| 90.00 |
5 | On lodging a
notice under section 47b of the Act requiring the Commissioner to direct an
applicant to request examination...............................................................................................................
| 60.00 |
6 | Continuation fee
for the purposes of section 47d of the Act, calculated by reference to
year after the lodgment of the complete specification in respect of the
application to which the fee relates— (a) the second year
| 40.00 |
(b)
the third year...........................................................................
| 50.00 |
(c) the
fourth year.........................................................................
| 60.00 |
(d)
the fifth year............................................................................
| 70.00 |
(e) the
sixth year...........................................................................
| 80.00 |
(f) the
seventh year........................................................................
| 90.00 |
(g)
the eighth year.........................................................................
| 100.00 |
(h)
the ninth year..........................................................................
| 110.00 |
(i) the
tenth year...........................................................................
| 120.00 |
(j) the
eleventh year.......................................................................
| 130.00 |
(k)
the twelfth year........................................................................
| 140.00 |
(1)
the thirteenth year....................................................................
| 150.00 |
(m)
the fourteenth year..................................................................
| 160.00 |
(n)
the fifteenth year......................................................................
| 170.00 |
7 | On lodging an
application to restore an application that has lapsed or a patent that has
ceased
| 50.00 |
8 | For restoring a
lapsed application or ceased patent..........................................
| 120.00 |
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...............................................................................................................
| 40.00 |
10 | On lodging an
application to lodge further evidence in opposition proceedings..
| 50.00 |
11 | On appearing at a
hearing or lodging a request for the exercise of discretionary power under
regulation 19d
| 50.00 |
12 | For sealing a
standard patent.........................................................................
| 80.00 |
13 | On lodging an
application for the grant of an extension of the term of a petty patent
| 20.00 |
14 | For granting an
extension of the term of a petty patent.....................................
| 150.00 |
15 | Renewal fee on the expiration of a year
of the patent specified in this item—
|
(a)
the second year........................................................................
| 40.00 |
(b)
the third year...........................................................................
| 50.00 |
(c)
the fourth year.........................................................................
| 60.00 |
(d)
the fifth year............................................................................
| 70.00 |
(e)
the sixth year...........................................................................
| 80.00 |
(f)
the seventh year........................................................................
| 90.00 |
(g)
the eighth year.........................................................................
| 100.00 |
(h) the
ninth year..........................................................................
| 110.00 |
SECOND SCHEDULE—continued
Column 1 | Column 2 | Column
3 |
Item | Matter | Fee |
(i) the
tenth year....................................................................
| $ 120.00 |
(j) the
eleventh year...............................................................
| 130.00 |
(k) the
twelfth year................................................................
| 140.00 |
(1) the
thirteenth year.............................................................
| 150.00 |
(m)
the fourteenth year...........................................................
| 160.00 |
(n) the
fifteenth year..............................................................
| 170.00 |
16 | On lodging an
application under section 71 of the Act for a duplicate of a patent to be
sealed
| 20.00 |
17 | On lodging a request to amend a
specification under section 77 of the Act
| 60.00 |
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................................................
| 20.00 |
19 | On making an
application under section 21, 22, 23, 74 or 95 or subsection 65 (2) or 154
(1) or (2) of the Act
| 15.00 |
20 | On making a
request under section 52b or sub-section 34 (4), 52 (3) or 54a (1) of
the Act
| 15.00 |
21 | On filing an
agreement under section 64 of the Act................................
| 15.00 |
22 | On lodging documents referred to in
sub-sections 143 (3) and (4) of the Act after 3 months after lodgment of the
application and—
|
(a)
before or at the time of lodgment of a request for examination.
| 20.00 |
(b)
after lodgment of a request for examination.........................
| 100.00 |
23 | On lodging an application under
sub-section 160 (2) of the Act for an extension of time on the ground
specified in paragraph 160 (2) (a)—
|
(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..........................................
| 20.00 |
(b) if
lodged after the expiration of the time to be extended—the amount payable
under paragraph (a) plus an amount of..................................................................
| 40.00 |
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
| 20.00
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...................................................
| 20.00 |
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.............................................................................
| 40.00
together with $20 for each month or part of a month for which the application
is made |
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
| 20.00 |
28 | For the supply of photographic copies— (a) of
patent specifications......................................................
| 5.00
per specification |
(b) of
any other document......................................................
| 3.00
per document |
SECOND SCHEDULE—continued
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee |
| 29 | For a
certificate by the Commissioner........................................................... | S 20.00 |
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....................................
| 5.00 |
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.................................................................................................................
| 10.00 |
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.......
| 10.00 |
(b)
after the time specified in paragraph (a) but before the application becomes
open to public inspection.................................................................................................
| 50.00 |
33 | For
taxing costs.......................................................................................... | 20.00 |
Application
and saving
3. (1) Notwithstanding the
amendment 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
amendment 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 the 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 of the Patents Regulations as amended by these
Regulations in respect of that year.
(3) Notwithstanding the
amendment 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 Regulations, the fee payable in respect 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.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
NOTES
1.
Notified in the Commonwealth of Australia
Gazette on 28 August 1981.
2.
Statutory Rules 1962 No. 2 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 1
and see also