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   2 11 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   2 11 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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