Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 23.25

Fees

  (1)   In this regulation:

"continuation fee" means a continuation fee for the purposes of section   47D of the 1952 Act.

"renewal fee" means a renewal fee for the purposes of subsection   68(2) of that Act.

  (2)   Subregulation   22.2(1) does not apply in respect of:

  (a)   a continuation fee in respect of a year; or

  (b)   a renewal fee in respect of a year of a patent;

that ends on or after the commencing day, if the fee became payable, and was paid, before that day.

  (3)   If an application for a standard patent was accepted under section   52 or 52D of the 1952 Act before the commencing day, the fee payable for the sealing of that patent is the fee that was applicable to the sealing of the patent immediately before that day.

  (4)   In the case of a PCT application, if:

  (a)   a continuation fee in respect of an anniversary that occurs within the period of 9 months immediately preceding the commencing day; and

  (b)   the continuation fee is not paid in the period referred to in subregulation   13.3(1) but is paid within 9 months after the anniversary concerned;

the prescribed period referred to in subregulation   13.3(1) is extended to the day on which the fee is paid.


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