Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 13.6

Time for payment of renewal fee for patent

             (1)  For paragraphs 143(a) and 143A(d) of the Act:

                     (a)  a renewal fee for a patent is payable for a relevant anniversary at the last moment of the anniversary; and

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

          (1A)  However, if an extension of the term of a standard patent is granted under section 76 of the Act, the period in paragraph (1)(b) is taken to be extended until 6 months after the extension is granted for each relevant anniversary happening:

                     (a)  on or after the twentieth anniversary of the date of the patent; and

                     (b)  on or before the day the extension is granted.

             (2)  However, if the period mentioned in paragraph (1)(b) is not taken to be extended under subregulation (1A), and the renewal 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 renewal fee includes the additional fee mentioned in subregulation (2A); and

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

          (2A)  For paragraph (2)(b), the additional fee is:

                     (a)  for a standard patent--the fee stated in item 211 of Schedule 7; and

                     (b)  for an innovation patent--the fee stated in item 212 of Schedule 7.

             (3)  If a continuation fee is paid for a relevant anniversary in accordance with regulation 13.3, the renewal fee for that anniversary is taken to have been paid.

             (4)  If an application for an innovation patent is made under section 79B or 79C of the Act, a renewal fee that is payable within 1 month after the grant of the patent is taken to have been paid.

             (5)  The Commissioner must publish notice in the Official Journal of a patent that ceases under section 143 or 143A of the Act.

             (6)  In this regulation, relevant anniversary , for a patent, means an anniversary of the date of the patent that is mentioned:

                     (a)  for a standard patent--in item 211 of Schedule 7; or

                     (b)  for an innovation patent--in item 212 of Schedule 7.

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



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