PATENTS REGULATIONS 1991 - SCHEDULE 7 Fees

Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - SCHEDULE 7

Fees

Note: See regulations 22.2, 22.3 and 22.4.

The following table sets out fees that are payable in relation to matters specified in the table.

Item
Matter
Fee ($)
101
Applying for admission to sit for an examination conducted by the Board
400
102
Applying for grant of a supplementary examination conducted by the Board
200
103
Applying for a report of reasons for failure of an examination conducted by the Board
200
104
Applying for registration as a patent attorney
350
105
Annual registration of a patent attorney
400
106
Annual registration fee payable for combined registration as a patent attorney and trade marks attorney
600
107
Applying under regulation 2 0.29, 20.30 or 20.31
300
108
Applying for registration as an incorporated patent attorney
350
109
Annual registration of an incorporated patent attorney
400
110
Annual registration fee payable for combined registration as an incorporated patent attorney and incorporated trade marks attorney
600
111
Applying to be restored to the Register of Patent Attorneys, as authorised by regulation 2 0A.22
300

Item	Matter	Fee ($)
101	Applying for admission to sit for an examination conducted by the Board	400
102	Applying for grant of a supplementary examination conducted by the Board	200
103	Applying for a report of reasons for failure of an examination conducted by the Board	200
104	Applying for registration as a patent attorney	350
105	Annual registration of a patent attorney	400
106	Annual registration fee payable for combined registration as a patent attorney and trade marks attorney	600
107	Applying under regulation 2 0.29, 20.30 or 20.31	300
108	Applying for registration as an incorporated patent attorney	350
109	Annual registration of an incorporated patent attorney	400
110	Annual registration fee payable for combined registration as an incorporated patent attorney and incorporated trade marks attorney	600
111	Applying to be restored to the Register of Patent Attorneys, as authorised by regulation 2 0A.22	300

Part 2 -- General fees

2 Table of fees--general fees

The following table sets out fees that are payable in relation to matters specified in the table.

Item
Matter
Fee
201
Filing a request for a patent accompanied by a provisional specification:

( a ) by preferred means ;
$110

( b ) by another means
$210
202
Filing a request for an innovation patent accompanied by a complete specification:

( a ) by preferred means ;
$180

( b ) by another means
$380
203
Filing a request for a standard patent accompanied by a complete specification:

( a ) by preferred means ;
$370

( b ) by another means
$570
204
Filing a request for an examination, under section 4 5 of the Act, of a standard patent request and complete specification for a PCT application if the Patent Office has established an international preliminary examination report under Article 35 of the PCT, other than a report under Rule 44 bis .1 of the PCT, in respect of the application
$300
205
Filing a request for an examination, under section 4 5 of the Act, of a standard patent request and complete specification if item 2 04 does not apply
$490
206
Search by the Commissioner in relation to a patent request and complete specification for a standard patent as part of an examination, if the complete application was made on or after 15 April 2013
$950
207
Filing a request under paragraph 1 01A(b) of the Act, by the patentee of an innovation patent, for examination of the complete specification relating to the innovation patent
$500
208
Filing a request under paragraph 1 01A(b) of the Act, by a person other than the patentee of an innovation patent, for examination of the complete specification relating to the innovation patent:

(a) payable by the person making the request; and
$250

(b) payable by the patentee
$250
209
Filing a request under sub section 4 4(3) of the Act requiring the Commissioner to direct an applicant to request examination
$100
210
Filing a request under subsection 97(2) or paragraph 1 01G(1)(b) of the Act for re - examination of a complete specification
$800
211
Continuation fee under paragraph 1 42(2)(d) of the Act, or renewal fee under paragraph 1 43(a) of the Act, for:

(a) the fourth anniversary:

(i) fee paid by preferred means;
$300

(ii) fee paid by another means;
$350

(b) the fifth anniversary:

(i) fee paid by preferred means;
$315

(ii) fee paid by another means;
$365

(c) the sixth anniversary:

(i) fee paid by preferred means;
$335

(ii) fee paid by another means;
$385

(d) the seventh anniversary:

(i) fee paid by preferred means;
$360

(ii) fee paid by another means;
$410

(e) the eighth anniversary:

(i) fee paid by preferred means;
$390

(ii) fee paid by another means;
$440

(f) the ninth anniversary:

(i) fee paid by preferred means;
$425

(ii) fee paid by another means;
$475

(g) the tenth anniversary:

(i) fee paid by preferred means;
$490

(ii) fee paid by another means;
$540

(h) the 11th anniversary:

(i) fee paid by preferred means;
$585

(ii) fee paid by another means;
$635

(i) the 12th anniversary:

(i) fee paid by preferred means;
$710

(ii) fee paid by another means;
$760

(j) the 13th anniversary:

(i) fee paid by preferred means;
$865

(ii) fee paid by another means;
$915

(k) the 14th anniversary:

(i) fee paid by preferred means;
$1,050

(ii) fee paid by another means;
$1,100

(l) the 15th anniversary:

(i) fee paid by preferred means;
$1,280

(ii) fee paid by another means;
$1,330

(m) the 16th anniversary:

(i) fee paid by preferred means;
$1,555

(ii) fee paid by another means;
$1,605

(n) the 17th anniversary:

(i) fee paid by preferred means;
$1,875

(ii) fee paid by another means;
$1,925

(o) the 18th anniversary:

(i) fee paid by preferred means;

$2,240

(ii) fee paid by another means;
$2,290

(p) the 19th anniversary:

(i) fee paid by preferred means;
$2,650

(ii) fee paid by another means;
$2,700

(q) if an extension of the term of a standard patent is granted under section 7 6 of the Act:

(i) the 20th anniversary, fee paid by preferred means;
$4,000

(ii) the 20th anniversary, fee paid by another means;
$4,050

(iii) the 21st anniversary, fee paid by preferred means;
$5,000

(iv) the 21st anniversary, fee paid by another means;
$5,050

(v) the 22nd anniversary, fee paid by preferred means;
$6,000

(vi) the 22nd anniversary, fee paid by another means;
$6,050

(vii) the 23rd anniversary, fee paid by preferred means;
$7,000

(viii) the 23rd anniversary, fee paid by another means;
$7,050

(ix) the 24th anniversary, fee paid by preferred means;
$8,000

(x) the 24th anniversary, fee paid by another means
$8,050

and, in addition, if the fee is not paid on or before the anniversary but is paid within 6 months after the anniversary
$100 for each month, or part of a month, in the period between the anniversary and the day when the fee is paid
212
Renewal fee under paragraph 1 43A(d) of the Act for:

(a) the second anniversary:

(i) fee paid by preferred means ;
$110

(ii) fee paid by another means;
$160

(b) the third anniversary:

(i) fee paid by preferred means ;
$110

(ii) fee paid by another means;
$160

(c) the fourth anniversary:

(i) fee paid by preferred means ;
$110

(ii) fee paid by another means;
$160

(d) the fifth anniversary:

(i) fee paid by preferred means ;
$220

(ii) fee paid by another means;
$270

(e) the sixth anniversary:

(i) fee paid by preferred means ;
$220

(ii) fee paid by another means;
$270

(f) the seventh anniversary:

(i) fee paid by preferred means ;
$220

(ii) fee paid by another means
$270

and, in addition, if the fee is not paid on or before the anniversary but is paid within 6 months after the anniversary
$100 for each month, or part of a month, in the period between the anniversary and the day when the fee is paid
213
Acceptance of a patent request and complete specification under section 4 9 of the Act:

(a) if the specification does not contain more than 20 claims at acceptance;
$250

(b) if the specification contains more than 20 claims at acceptance
The sum of:
(a) $250; and
(b) $125 for each claim in excess of 20, up to and including the 30th claim; and
(c) $250 f or each claim in excess of 30 (if any)
214
Filing an application or request under section 17, 32 or 36, or subsection 191A(2) of the Act
$600
214A
National phase entry of a PCT application under paragraph 29A(5)(b) of the Act:

(a) fee paid by preferred means ;
$370

(b) fee paid by another means
$570
215
Filing a request under subregulation 3.25(1) for the certification referred to in Rule 11.3(a) of the Budapest Treaty
$600
216
Filing a notice of opposition under regulation 5.4, 5.6 or 5.10
$600
218
Filing an application under subregulation 5.9(1) for an extension of time
$500 for each month or part of a month for which the extension is sought
222
Filing a request for leave to amend:
(a) a complete specification relating to an application for a standard patent, before a request for examination is filed or after the complete specification is accepted; or
(b) a complete specification relating to a standard patent
$250
222A
Grant of leave to amend a complete specification relating to a standard patent, or relating to an application for a standard patent, after the complete specification is accepted, if:
$250 for each additional claim that arises as described in paragraph ( b)

(a) more than 20 claims are contained in the complete specification as proposed to be amended; and

(b) the effect of the proposed amendment would be to increase the number of claims in the complete specification

223
Filing a request for leave to amend a patent request for an innovation patent to make it a patent request for a standard patent
$190
224
Filing a request for leave to amend a complete specification relating to an innovation patent:
(a) after the patent is granted but before a request for examination is filed; or
(b) after the patent is certified
$250
226
Filing an application for an extension of time under subsection 223(2) of the Act on a ground specified in paragraph 223(2)(a) of the Act
$100 for each month or part of a month for which the extension is sought
227
Filing an application under subsection 223(2) of the Act for an extension of time on the ground specified in paragraph 223(2)(b) of the Act
$100
228
Filing an application for an extension of time under subsection 223(2A) of the Act
$100 for each month or part of a month for which the extension is sought
230
Filing a request for a hearing
$600
231
Appearing and being heard at an ora l hearing in person or by other means:

(a) for the first day
$1 000 less any amount paid under item 2 30 in relation to the hearing

(b) if the hearing runs for more than a day
$1 000 for each day, or part of a day, after the first day
231A
Hearing on the basis of written submissions only, where the submissions are filed after the notice of hearing or invitation to be heard is issued
$600 less any amount paid under item 2 30 in relation to the hearing
233
Requesting the supply of not more than 3 documents relating to a single patent application or a single patent
$50 for each document
234
Requesting the supply of 4 or more documents relating to a single patent application or a single patent
$200 for each request
235
If a request is made for the supply of documents as mentioned in item 2 33 or 234--requesting that the supply be by means of expedited dispatch
$20 for each request for the supply of documents
236
Filing a request under regulation 3.14A for an international - type search
$950
236A
Preliminary search and opinion by the Commissioner in relation to a patent request and complete specification under sub section 4 3A(1) of the Act
$950
238
Filing an application under sub section 7 0(1) of the Act for the grant of an extension of the term of a standard patent
$2 000

Item	Matter	Fee
201	Filing a request for a patent accompanied by a provisional specification:
	( a ) by preferred means ;	$110
	( b ) by another means	$210
202	Filing a request for an innovation patent accompanied by a complete specification:
	( a ) by preferred means ;	$180
	( b ) by another means	$380
203	Filing a request for a standard patent accompanied by a complete specification:
	( a ) by preferred means ;	$370
	( b ) by another means	$570
204	Filing a request for an examination, under section 4 5 of the Act, of a standard patent request and complete specification for a PCT application if the Patent Office has established an international preliminary examination report under Article 35 of the PCT, other than a report under Rule 44 bis .1 of the PCT, in respect of the application	$300
205	Filing a request for an examination, under section 4 5 of the Act, of a standard patent request and complete specification if item 2 04 does not apply	$490
206	Search by the Commissioner in relation to a patent request and complete specification for a standard patent as part of an examination, if the complete application was made on or after 15 April 2013	$950
207	Filing a request under paragraph 1 01A(b) of the Act, by the patentee of an innovation patent, for examination of the complete specification relating to the innovation patent	$500
208	Filing a request under paragraph 1 01A(b) of the Act, by a person other than the patentee of an innovation patent, for examination of the complete specification relating to the innovation patent:
	(a) payable by the person making the request; and	$250
	(b) payable by the patentee	$250
209	Filing a request under sub section 4 4(3) of the Act requiring the Commissioner to direct an applicant to request examination	$100
210	Filing a request under subsection 97(2) or paragraph 1 01G(1)(b) of the Act for re - examination of a complete specification	$800
211	Continuation fee under paragraph 1 42(2)(d) of the Act, or renewal fee under paragraph 1 43(a) of the Act, for:
	(a) the fourth anniversary:
	(i) fee paid by preferred means;	$300
	(ii) fee paid by another means;	$350
	(b) the fifth anniversary:
	(i) fee paid by preferred means;	$315
	(ii) fee paid by another means;	$365
	(c) the sixth anniversary:
	(i) fee paid by preferred means;	$335
	(ii) fee paid by another means;	$385
	(d) the seventh anniversary:
	(i) fee paid by preferred means;	$360
	(ii) fee paid by another means;	$410
	(e) the eighth anniversary:
	(i) fee paid by preferred means;	$390
	(ii) fee paid by another means;	$440
	(f) the ninth anniversary:
	(i) fee paid by preferred means;	$425
	(ii) fee paid by another means;	$475
	(g) the tenth anniversary:
	(i) fee paid by preferred means;	$490
	(ii) fee paid by another means;	$540
	(h) the 11th anniversary:
	(i) fee paid by preferred means;	$585
	(ii) fee paid by another means;	$635
	(i) the 12th anniversary:
	(i) fee paid by preferred means;	$710
	(ii) fee paid by another means;	$760
	(j) the 13th anniversary:
	(i) fee paid by preferred means;	$865
	(ii) fee paid by another means;	$915
	(k) the 14th anniversary:
	(i) fee paid by preferred means;	$1,050
	(ii) fee paid by another means;	$1,100
	(l) the 15th anniversary:
	(i) fee paid by preferred means;	$1,280
	(ii) fee paid by another means;	$1,330
	(m) the 16th anniversary:
	(i) fee paid by preferred means;	$1,555
	(ii) fee paid by another means;	$1,605
	(n) the 17th anniversary:
	(i) fee paid by preferred means;	$1,875
	(ii) fee paid by another means;	$1,925
	(o) the 18th anniversary:
	(i) fee paid by preferred means;	$2,240
	(ii) fee paid by another means;	$2,290
	(p) the 19th anniversary:
	(i) fee paid by preferred means;	$2,650
	(ii) fee paid by another means;	$2,700
	(q) if an extension of the term of a standard patent is granted under section 7 6 of the Act:
	(i) the 20th anniversary, fee paid by preferred means;	$4,000
	(ii) the 20th anniversary, fee paid by another means;	$4,050
	(iii) the 21st anniversary, fee paid by preferred means;	$5,000
	(iv) the 21st anniversary, fee paid by another means;	$5,050
	(v) the 22nd anniversary, fee paid by preferred means;	$6,000
	(vi) the 22nd anniversary, fee paid by another means;	$6,050
	(vii) the 23rd anniversary, fee paid by preferred means;	$7,000
	(viii) the 23rd anniversary, fee paid by another means;	$7,050
	(ix) the 24th anniversary, fee paid by preferred means;	$8,000
	(x) the 24th anniversary, fee paid by another means	$8,050
	and, in addition, if the fee is not paid on or before the anniversary but is paid within 6 months after the anniversary	$100 for each month, or part of a month, in the period between the anniversary and the day when the fee is paid
212	Renewal fee under paragraph 1 43A(d) of the Act for:
	(a) the second anniversary:
	(i) fee paid by preferred means ;	$110
	(ii) fee paid by another means;	$160
	(b) the third anniversary:
	(i) fee paid by preferred means ;	$110
	(ii) fee paid by another means;	$160
	(c) the fourth anniversary:
	(i) fee paid by preferred means ;	$110
	(ii) fee paid by another means;	$160
	(d) the fifth anniversary:
	(i) fee paid by preferred means ;	$220
	(ii) fee paid by another means;	$270
	(e) the sixth anniversary:
	(i) fee paid by preferred means ;	$220
	(ii) fee paid by another means;	$270
	(f) the seventh anniversary:
	(i) fee paid by preferred means ;	$220
	(ii) fee paid by another means	$270
	and, in addition, if the fee is not paid on or before the anniversary but is paid within 6 months after the anniversary	$100 for each month, or part of a month, in the period between the anniversary and the day when the fee is paid
213	Acceptance of a patent request and complete specification under section 4 9 of the Act:
	(a) if the specification does not contain more than 20 claims at acceptance;	$250
	(b) if the specification contains more than 20 claims at acceptance	The sum of: (a) $250; and (b) $125 for each claim in excess of 20, up to and including the 30th claim; and (c) $250 f or each claim in excess of 30 (if any)
214	Filing an application or request under section 17, 32 or 36, or subsection 191A(2) of the Act	$600
214A	National phase entry of a PCT application under paragraph 29A(5)(b) of the Act:
	(a) fee paid by preferred means ;	$370
	(b) fee paid by another means	$570
215	Filing a request under subregulation 3.25(1) for the certification referred to in Rule 11.3(a) of the Budapest Treaty	$600
216	Filing a notice of opposition under regulation 5.4, 5.6 or 5.10	$600
218	Filing an application under subregulation 5.9(1) for an extension of time	$500 for each month or part of a month for which the extension is sought
222	Filing a request for leave to amend: (a) a complete specification relating to an application for a standard patent, before a request for examination is filed or after the complete specification is accepted; or (b) a complete specification relating to a standard patent	$250
222A	Grant of leave to amend a complete specification relating to a standard patent, or relating to an application for a standard patent, after the complete specification is accepted, if:	$250 for each additional claim that arises as described in paragraph ( b)
	(a) more than 20 claims are contained in the complete specification as proposed to be amended; and
	(b) the effect of the proposed amendment would be to increase the number of claims in the complete specification
223	Filing a request for leave to amend a patent request for an innovation patent to make it a patent request for a standard patent	$190
224	Filing a request for leave to amend a complete specification relating to an innovation patent: (a) after the patent is granted but before a request for examination is filed; or (b) after the patent is certified	$250
226	Filing an application for an extension of time under subsection 223(2) of the Act on a ground specified in paragraph 223(2)(a) of the Act	$100 for each month or part of a month for which the extension is sought
227	Filing an application under subsection 223(2) of the Act for an extension of time on the ground specified in paragraph 223(2)(b) of the Act	$100
228	Filing an application for an extension of time under subsection 223(2A) of the Act	$100 for each month or part of a month for which the extension is sought
230	Filing a request for a hearing	$600
231	Appearing and being heard at an ora l hearing in person or by other means:
	(a) for the first day	$1 000 less any amount paid under item 2 30 in relation to the hearing
	(b) if the hearing runs for more than a day	$1 000 for each day, or part of a day, after the first day
231A	Hearing on the basis of written submissions only, where the submissions are filed after the notice of hearing or invitation to be heard is issued	$600 less any amount paid under item 2 30 in relation to the hearing
233	Requesting the supply of not more than 3 documents relating to a single patent application or a single patent	$50 for each document
234	Requesting the supply of 4 or more documents relating to a single patent application or a single patent	$200 for each request
235	If a request is made for the supply of documents as mentioned in item 2 33 or 234--requesting that the supply be by means of expedited dispatch	$20 for each request for the supply of documents
236	Filing a request under regulation 3.14A for an international - type search	$950
236A	Preliminary search and opinion by the Commissioner in relation to a patent request and complete specification under sub section 4 3A(1) of the Act	$950
238	Filing an application under sub section 7 0(1) of the Act for the grant of an extension of the term of a standard patent	$2 000

Part 3 -- General fees for international applications

3 Table of fees--general fees for international applications

The following table sets out fees that are payable in relation to matters specified in the table.

Item
Matter
Fee
301
Transmittal fee under Rule 14 of the PCT
$200
302
Search fee under Rule 16 of the PCT
$2 200
303
Additional fee for search under Article 17(3 )( a) of the PCT
$2 200
304
Preliminary examination fee under Rule 58 of the PCT

( a ) if the international search report was issued by the Patent Office in respect of the international application;
$590

( b ) in other cases
$820
305
Additional fee for international preliminary examination under Article 34(3 )( a) of the PCT
$590
306
For a copy of a document in accordance with Rule 44.3 (b) or 71.2 (b) of the PCT
$50
308
For processing a request for restoration of priority under Rule 26 bis of the PCT.
$200

Item	Matter	Fee
301	Transmittal fee under Rule 14 of the PCT	$200
302	Search fee under Rule 16 of the PCT	$2 200
303	Additional fee for search under Article 17(3 )( a) of the PCT	$2 200
304	Preliminary examination fee under Rule 58 of the PCT
	( a ) if the international search report was issued by the Patent Office in respect of the international application;	$590
	( b ) in other cases	$820
305	Additional fee for international preliminary examination under Article 34(3 )( a) of the PCT	$590
306	For a copy of a document in accordance with Rule 44.3 (b) or 71.2 (b) of the PCT	$50
308	For processing a request for restoration of priority under Rule 26 bis of the PCT.	$200

Part 4 -- Fees payable for benefit of International Bureau

4 Table of fees--fees payable for benefit of International Bureau

The following table sets out fees that are payable in relation to matters specified in the table.

Item
Matter
Fee
401
International filing fee:
(Rule 15.2 of the PCT)
1,330 Swiss francs plus 15 Swiss francs for each sheet of the international application in excess of 30 sheets
402
Handling fee:
(Rule 57.2 of the PCT)
200 Swiss francs
Reductions
403
The international filing fee is reduced by the following amount if the international application is, as provided for in the Administrative Instructions, filed:
(b) in electronic form, the request being in character coded format--200 Swiss francs;
(c) in electronic form, the request, description, claims and abstract being in character coded format--300 Swiss francs.
404
The international filing fee (where applicable, as reduced under item 403) and the handling fee are reduced in accordance with item 5 of the Schedule of Fees set out in the PCT.

Item	Matter	Fee
401	International filing fee: (Rule 15.2 of the PCT)	1,330 Swiss francs plus 15 Swiss francs for each sheet of the international application in excess of 30 sheets
402	Handling fee: (Rule 57.2 of the PCT)	200 Swiss francs
Reductions
403	The international filing fee is reduced by the following amount if the international application is, as provided for in the Administrative Instructions, filed: (b) in electronic form, the request being in character coded format--200 Swiss francs; (c) in electronic form, the request, description, claims and abstract being in character coded format--300 Swiss francs.
404	The international filing fee (where applicable, as reduced under item 403) and the handling fee are reduced in accordance with item 5 of the Schedule of Fees set out in the PCT.

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