Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation makes provision in respect of the payment of fees payable for petty patents to which the old Act applies under Part 1 of Schedule 2 to the Patents Amendment (Innovation Patents) Act 2000 .
(2) Subregulations (3) and (4) apply to an application for which the fee mentioned in item 13 of Part 2 of Schedule 7 to the old Regulations is payable.
(a) the fee is not paid when the application is made; and
(b) within 1 month after the application is made, the Commissioner invites the person by whom the fee is payable to pay the fee within 1 month after the date of the invitation; and
(c) the fee is not paid within the 1 month period;
the application is taken not to have been made.
(4) If the fee is paid, the application is taken to have been made on the date on which the fee was paid.
(5) Subregulations (6), (7) and (8) apply to a request for which the fee mentioned in paragraph ( b) of item 15 of Part 2 of Schedule 7 to the old Regulations is payable.
(6) The Commissioner must not process the request if the fee has not been paid.
(a) the fee is not paid when the request is made; and
(b) within 1 month after the request is made, the Commissioner invites the person by whom the fee is payable to pay the fee within 1 month after the date of the invitation; and
(c) the fee is not paid within the 1 month period;
the request is taken not to have been made.
(8) If the fee is paid, the request is taken to have been made on the date on which the fee was paid.
"old Act" means the Patents Act 1990 as in force immediately before the commencement of the Patents Amendment (Innovation Patents) Act 2000 .
"old Regulations" means the Patents Regulations 1 991 as in force immediately before the commencement of the Patents Amendment (Innovation Patents) Act 2000 .