(1) Item 213 of the table in clause 2 of Schedule 7, as amended by the Intellectual Property Legislation Amendment (Fee Amounts and Other Measures) Regulations 2024 , applies to the acceptance of a patent request and complete specification if the applicant asks, under section 44 of the Act, for an examination of the patent request and complete specification on or after the commencement of that instrument, whether the application to which the patent request and complete specification relate was made before, on or after that commencement.
(2) If:
(a) an applicant asks, under section 44 of the Act, for an examination of a patent request and complete specification before the commencement of the Intellectual Property Legislation Amendment (Fee Amounts and Other Measures) Regulations 2024 ; and
(b) the patent request and complete specification are accepted on or after that commencement;
item 213 of the table in clause 2 of Schedule 7 to these Regulations applies in relation to the acceptance as if it read:
213 | Acceptance of a patent request and complete specification under section 49 of the Act: |
|
| (a) if the specification does not contain more than 20 claims at acceptance; | $300 |
| (b) if the specification contains more than 20 claims at acceptance | The sum of: (a) $300; and (b) $125 for each claim in excess of 20, up to and including the 30th claim; and (c) $250 for each claim in excess of 30 (if any) |