EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 100
Issued by the Authority of the Minister for Science, Customs and Small Business
The amendment varies certain of the fees prescribed in Part I of Schedule 2 to the Patents Regulations with effect from 1 July 1988 and, with effect from 1 August 1988, certain of the general fees for international patent applications prescribed in Part II of Schedule 2. The 1 August 1988 date is to allow sufficient notice of the changes to be given to the World Intellectual Property Organization. Details of the amendment are as follows:
Regulation 1 provides that regulations 2, 3, 4, 5, 7 and 8 will come into operation on 1 July 1988 and that regulation 4 will come into operation on 1 August 1988.
Regulation 2 inserts new regulation 30 to ensure that where a continuation fee has been paid in respect of a year and a patent is sealed before the end of that year, the renewal fee in respect of that year is taken to be included in the paid continuation fee.
Regulation 3 amends regulation 81B by increasing the non-refundable component of refunded fees for withdrawn application from $60 to $65.
Regulation 4 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 $430 to $490; and
(ii) where the provision of that information entails the conduct of a special search, from a minimum of $35 to a minimum of $40.
Regulation 5 substitutes a revised Part I of Second Schedule 2. The items differ from existing items in the level of fees except for items 3(a), 3(b), 18(b)(ii), 19(a)(ii) and 28 which remain unchanged.
Regulation 6 substitutes a revised Part II of Schedule 2. The amended items differ from the existing items in the level of fees except for item 6 which remains unchanged.
Regulation 7 makes formal amendments to the Regulations by substituting “Schedule 2” for “the Second Schedule”.
Regulation 8 is a transitional provision which ensures that the amending regulations do not affect continuation and renewal fees paid before the commencement date or the sealing fee for a patent application that was accepted before the commencement date.