Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 22.2F

Consequence if Commissioner does not invite payment

  (1)   Subregulation (2) applies if:

  (a)   a fee mentioned in regulation   22.2B, 22.2C or 22.2D is not paid when it is payable; and

  (b)   the Commissioner does not give the invitation mentioned in the relevant regulation within the time allowed.

  (2)   The application, representation, request or other relevant document is to be treated as if the fee had been paid when the application, representation, request or other document was filed or made.

  (3)   Subregulation (4) applies if:

  (a)   a fee mentioned in regulation   22.2I is not paid when it is payable; and

  (b)   the Commissioner does not give the invitation mentioned in regulation   22.2I within the time allowed.

  (4)   The accepted application is to be treated as if the fee for acceptance mentioned in item   2 13 of Schedule   7 had been paid immediately after its acceptance.

  (5)   Subregulation (6) applies if:

  (a)   a fee mentioned in paragraph   22.2EA(1 )( a) relating to a grant of leave to amend a complete specification is not paid when it is payable; and

  (b)   the Commissioner does not give the invitation mentioned in paragraph   22.2EA(1 )( b) within the time mentioned in that paragraph.

  (6)   The request for leave to amend the complete specification is to be treated as if the fee had been paid when leave was granted to amend the complete specification.

  (7)   Despite subregulations (2), (4) and (6), the fee remains payable and can be recovered as a debt due to the Commonwealth.


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