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PATENTS REGULATIONS 1991 - SCHEDULE 7

Fees

Note:       See regulations 22.2, 22.3 and 22.4.

Part 1 -- Patent Attorneys

1   Table of fees--patent attorneys

                   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 20.29, 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 20A.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 45 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 45 of the Act, of a standard patent request and complete specification if item 204 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 101A(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 101A(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 subsection 44(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 101G(1)(b) of the Act for re-examination of a complete specification

$800

211

Continuation fee under paragraph 142(2)(d) of the Act, or renewal fee under paragraph 143(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 76 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 143A(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 49 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 oral hearing in person or by other means:

 

 

(a) for the first day

$1 000 less any amount paid under item 230 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 230 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 233 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 subsection 43A(1) of the Act

$950

238

Filing an application under subsection 70(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

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.



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