EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 254
Issued by the Authority of the Minister for Science and Technology
The purpose of the amendments is to vary certain of the fees prescribed by the Patents Regulations with effect from 1st October 1984. Details of the proposed amendments are set out below.
Regulation 1 sets a date of commencement of 1st October 1984.
Regulation 2 amends regulation 87 by increasing the fees prescribed for the furnishing of information under Section 30 of the Act:
(i) where the provision of that information entails an international-type search, from $350 to $400; and
(ii) where the provision of that information entails the conduct of a special search, from a minimum of $20 to a minimum of $30.
Regulation 3 amends items 1, 3, 4, 6, 9, 12, 15, 16, 18, 19, 20, 21, 23, 24, 27, 28, 29 and 30 of Part I of the Second Schedule. The expression of items 6 and 15 has been clarified to accord with those provisions of the Act and Regulations to which they refer. All amended items differ from existing items in the level of fees.
Regulation 4 amends items 2, 3, 4 and 5 of Part II of the Second Schedule. The amended items differ from the existing items only in the level of fees.
Regulation 5 is a transitional provision.
In arriving at the new scales of fees, the Patent Office has given full and proper consideration to all factors relevant to the fixation of fees. Patent Office fees were last reviewed in 1983 and the existing scales have had effect since 3rd October 1983. Current Government policy requires the Office to fully recover expenditure from receipts. Estimates for 1984/85 indicate that the proposed variation of fees will have that result.
Consultations have taken place on the question of full cost recovery and fees with the main interest groups, namely the Institute of Patent Attorneys of Australia and the Australian Manufacturers’ Patents, Industrial Designs, Copyright and Trade Mark Association.
Proposed and current fees under the amended items are shown in the attached table.
PATENTS REGULATIONS
SECOND SCHEDULE
FEES
ITEM MATTER | EXISTING FEE | PROPOSED FEE | |
|
| $ | $ |
1 | On lodging an application for a patent accompanied by a provisional specification. | 30 | 60 |
3 | On lodging a complete specification (with or after the lodgment of an application) together with- | 70 | 120 |
| (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 | 5 |
| (b) if the number of claims exceeds 10-for each claim in excess of 10 | 4 | 5 |
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 | 170 | 230 |
| (ii) in the case of a request for a modified examination | 140 | 190 |
| (b) where the request 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 Act | 140 | 190 |
| (ii) in the case of a request for a modified examination | 110 | 160 |
PATENTS REGULATIONS
SECOND SCHEDULE
FEES
ITEM MATTER FEE | EXISTING FEE | PROPOSED | |
|
| $ | $ |
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...................... (b) the third year........................ (c) the fourth year....................... (d) the fifth year........................ (e) the sixth year........................ (f) the seventh year...................... (g) the eighth year....................... (h) the ninth year........................ (i) the tenth year........................ (j) the eleventh year..................... (k) the twelfth year...................... (l) the thirteenth year..................... (m) the fourteenth year.................... (n) the fifteenth year..................... | 50 60 70 85 100 115 130 145 160 180 200 220 240 260 | 60 75 90 110 125 145 170 195 215 240 265 290 325 360 |
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 | 60 |
12 | For sealing a standard patent.................. | 100 | 160 |
15 | Renewal fee on the expiration of a year of the patent specified in this term - |
|
|
| (a) the second year...................... (b) the third year........................ (c) the fourth year....................... (d) the fifth year........................ (e) the sixth year........................ (f) the seventh year...................... (g) the eighth year....................... (h) the ninth year........................ (i) the tenth year........................ (j) the eleventh year..................... (k) the twelfth year...................... (l) the thirteenth year..................... (m) the fourteenth year.................... (n) the fifteenth year..................... | 50 60 70 85 100 115 130 145 160 180 200 220 240 260 | 60 75 90 110 125 145 170 195 215 240 265 290 325 360 |
16 | On lodging an application under section 71 of the Act for a duplicate of a patent to be sealed | 20 | 30 |
PATENTS REGULATIONS
SECOND SCHEDULE
FEES
ITEM MATTER | EXISTING FEE | PROPOSED FEE | |
|
|
|
|
|
| $ | $ |
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 | 30 |
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 | 30 |
20 | On making a request under section 52B or sub-section 34(4), 52(3) or 54A(1) of the Act | 20 | 30 |
21 | On filing an agreement under section 64 of the Act.... | 20 | 30 |
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 | 25 | 30 |
24 | For an extension of time under sub-section 160(2) of the Act on the ground specified in paragraph 160(2) 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 | 30 |
|
| less any amount paid under paragraph (a) of item 23 + 25. | |
PATENTS REGULATIONS
SECOND SCHEDULE
FEES
ITEM MATTER | EXISTING FEE | PROPOSED FEE | |
|
| $ | $ |
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 | 40 |
|
| 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 | 25 | 30 |
28 | For the supply of photographic copies- |
|
|
| (a) of patent specifications................... | 5 | 10 |
|
| per specification | |
| (b) of any other document.................. | 3 | 5 |
|
| per doc. | per spec. |
29 | For a certificate by the Commissioner | 25 | 50 |
30 | On lodging a request for the furnishing of information under sections 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 | 20 | 30 |
PATENTS REGULATIONS
PART II
FEES FOR INTERNATIONAL APPLICATIONS
ITEM MATTER | EXISTING FEE | PROPOSED FEE | |
|
| $ | $ |
2 | Search fee under Rule 16 of the Treaty............ | 350 | 400 |
3 | Additional fee for search under Article 17.3(a) of the Treaty | 300 | 350 |
4 | Preliminary Examination fee under Rule 58 of the Treaty | 150 | 200 |
5 | Additional fee for International preliminary Examination under Article 34(3)(a) of the Treaty | 150 | 200 |