Patents Regulations (Amendment) - Legislation

EXPLANATORY STATEMENT

STATUTORY RULES 1983 NO. 206

Issued by the Authority of the Minister for Science and Technology

The purpose of the amendments is to increase certain fees prescribed by the Patents Regulations, and to extend the operation of sub-regulation 16A(3), with effect from 3 October 1983. Details of the proposed amendments are set out below.

Regulation 1 sets a commencement date of 3 October 1983.

Regulation 2 amends regulation 16A by substituting a new sub-regulation (3). The effect is to provide for payment of continuation fees in respect of a further application to which sub-regulation 16A(2) applies where the original application is an application for a petty patent, in addition to the case where the original application is for a standard patent.

Regulation 3 increases from $10 to $20 the minimum fee prescribed by paragraph 87(3)(a) for the furnishing of information under section 30 of the Patents Act where that entails the conduct of a special search.

Regulation 4 amends items 1, 3, 4, 6, 12, 15 and 30 of Part 1 of the Second Schedule. The amended items differ from the existing items only in the level of the fees set.

Regulation 5 is a transitional provision.

In arriving at a new scale 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 1982 and the existing scales have had effect since 1 October 1982. Current Government policy

requires the Office to cover expenditure by receipts. Estimates for 1983/84 indicate that the proposed increase in fees will have this result.

Consultations have taken place on the question of 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

PART 1 GENERAL FEES*

	ITEM/MATTER	CURRENT FEE	PROPOSED FEE
		$	$
1	On lodging an application for a patent accompanied by a provisional specification	20	30
3	On lodging a complete specification (with or after the lodgement of an application) together with -	55	70
	(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	2	(no change)
	(b) if the number of claims exceeds 10 - for each claim in excess of 10	4	(no change)
4	On lodging a request for examination of an application -
	(a) where the request was not preceeded 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	170
	(ii) in the case of a request for a modified examination.	130	140
	(b) where the request was preceeded 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	140
	(ii) in the case of a request for a modified examination.	100	110
6	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	(no change)
	(b) the third year.................................	60	(no change)
	(c) the fourth year................................	70	(no change)
	(d) the fifth year.................................	80	85
	(e) the sixth year.................................	90	100
	(f) the seventh year...............................	100	115
	(g) the eighth year................................	110	130

SECOND SCHEDULE - continued

	ITEM/MATTER	CURRENT FEE	PROPOSED FEE

		$	$
	(h) the ninth year................................	120	145
	(i) the tenth year.................................	130	160
	(j) the eleventh year..............................	140	180
	(k) the twelfth year...............................	150	200
	(l) the thirteenth year..............................	160	220
	(m) the fourteenth year............................	170	240
	(n) the fifteenth year..............................	180	260
12	For sealing a standard patent.........................	90	100
15	Renewal fee on the expiration of a year of the patent specified in this item -
	(a) the second year...............................	50	(no change)
	(b) the third year.................................	60	(no change)
	(c) the fourth year................................	70	(no change)
	(d) the fifth year.................................	80	85
	(e) the sixth year.................................	90	100
	(f) the seventh year...............................	100	115
	(g) the eighth year................................	110	130
	(h) the ninth year................................	120	145
	(i) the tenth year.................................	130	160
	(j) the eleventh year..............................	140	180
	(k) the twelfth year...............................	150	200
	(l) the thirteenth year..............................	160	220
	(m) the fourteenth year............................	170	240
	(n) the fifteenth year..............................	180	260
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	20

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* Items for which no fee change is proposed are not included in the table.

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