Commonwealth Consolidated Regulations

PATENTS REGULATIONS 1991 - REG 22.7

  (1)   Subject to subregulation   (2), if:

  (a)   a complete application for a standard patent has been filed; and

  (b)   the application is withdrawn before the specification becomes open to public inspection;

so much of the fee paid on the filing of the application as the Commissioner reasonably thinks fit may, on written application made to him or her, be refunded.

  (2)   If the PCT requires a fee paid to the Commissioner to be refunded in whole or in part, that fee or that part of the fee must be refunded.

  (3)   If:

  (a)   a search fee or a preliminary examination fee is payable to an International Searching Authority or an International Preliminary Examining Authority; and

  (b)   the PCT provides for the refund of the fee in whole or in part; and

  (c)   that fee has been paid to the Commissioner;

he or she must determine in accordance with the PCT to what extent that fee is to be refunded to the applicant and the fee must be refunded accordingly.