Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 13.3

Prescribed period: continuation fees

             (1)  For paragraph 142(2)(d) of the Act:

                     (a)  a continuation fee for an application for a standard patent is payable for a relevant anniversary at the last moment of the anniversary; and

                     (b)  the period in which the fee must be paid is the period ending at the last moment of the anniversary.

          (1A)  However, if the continuation fee is paid within 6 months after the end of the relevant anniversary ( 6 month period ):

                     (a)  the period mentioned in paragraph (1)(b) is taken to be extended until the fee is paid; and

                     (b)  the continuation fee includes the additional fee stated in item 211 of Schedule 7; and

                     (c)  the additional fee is payable from the first day of the 6 month period.

             (2)  In the case of an application, filed before 1 April 2002, to which section 33, 34, 35, 36 or 79B of the Act applies, a continuation fee that is payable before 12 months after the date of filing the application is taken to have been paid.

             (3)  In this regulation, relevant anniversary , for an application for a standard patent, means an anniversary:

                     (a)  of the date that would be the date of the patent if a patent had been granted on the application; and

                     (b)  that is mentioned in item 211 of Schedule 7.

Note 1:       For the date of a patent, see section 65 of the Act and regulation 6.3.

Note 2:       For the fees payable, see regulation 22.2.



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