Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of subsection 227(1) of the Act, there is payable to the Commissioner in respect of a matter specified in an item of Part 1 or 2 in Schedule 7 a fee of the amount specified in that item.
(2) The fees are payable as follows:
(a) the fee for filing an application, request or other document is payable when the application, request or other document is filed;
(aa) subject to subregulation (2A), the fee for more than 20 potential claims in relation to an application for a standard patent at the start of the first examination report date for the application is payable on the first examination report date;
(b) the fee for appearing and being heard at an oral hearing is payable:
(i) for the first day--immediately before the hearing; and
(ii) for each day or part of a day after the first day--immediately after the hearing;
(ba) the fee for a hearing on the basis of written submissions only is payable when the written submissions are filed;
(d) the fee for acceptance of a patent request and complete specification, under section 49 of the Act, is payable when the application is accepted;
(e) if the Commissioner decides to conduct a search as part of the examination of a patent request and complete specification for a standard patent, the fee is payable when the Commissioner notifies the applicant that the fee is payable.
(2A) The fee referred to in paragraph (2)(aa) is not payable if:
(a) the report to which the first examination report date mentioned in that paragraph relates indicates that the Commissioner is satisfied that:
(i) the complete specification complies with subsections 40(2) to (4) of the Act; and
(ii) to the best of the Commissioner's knowledge, the invention, so far as claimed, satisfies the criteria mentioned in paragraphs 18(1)(a), (b) and (c) of the Act; and
(iii) the invention is a patentable invention under subsection 18(2) of the Act; and
(iv) the patent request and complete specification comply with the provisions of the Act mentioned in paragraph 3.18(2)(a) of these Regulations; and
(v) acceptance of the patent request and complete specification should not be refused under section 50 of the Act; and
(vi) the patent is not a patent that cannot be granted on the application because of subsection 64(2) of the Act; and
(vii) if the application is a PCT application--to the best of the Commissioner's knowledge, the requirements of subregulations 3.2C(2) and (3) of these Regulations are met; and
(b) if the applicant requested, under subsection 49A(1) of the Act, the Commissioner to postpone acceptance of the patent request and complete specification to which the report relates:
(i) the first examination report date is later than the day (if any) specified by the Commissioner under subsection 49A(3) of the Act in response to the request; or
(ii) the applicant has withdrawn the request for postponement.
(3) If an item specifies the person by whom a fee is payable, the fee is payable by that person.
(4) For paragraph 29A(5)(b) of the Act:
(a) if a PCT application is to be treated as an application for a standard patent:
(i) the fee specified in item 214A of Schedule 7 is payable in respect of the application for a standard patent; and
(ii) if the PCT application was filed in the Patent Office as a receiving office for the purposes of the PCT--the fees specified in items 401 to 404, of Schedule 7 are payable in respect of the PCT application; and
(b) the fee specified in item 203 of Schedule 7 is not payable in respect of a PCT application.
(6) Paragraph 211(a) of Schedule 7, as in force on 1 July 2012, applies to:
(a) a patent:
(i) that has a date of patent of 1 July 2008 or later; and
(ii) the fourth anniversary of which falls on or after commencement; and
(b) a patent application:
(i) filed on or after 1 July 2008; and
(ii) the fourth anniversary of which falls on or after commencement.