Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - SCHEDULE 8

Costs, expenses and allowances

Note:   See subregulations   20.41(3) and 20A.16(3) and regulation   22.8.

Part   1 -- Costs

 

Column 1

Column 2

Column 3

Item

Matter

Amount

1

Notice of opposition

$400

2

Statement of grounds and particulars

$1,500

3

Receiving and perusing statement of grounds and particulars

$1,000

4

Evidence in support

$3,000

5

Receiving and perusing notice of opposition

$400

6

Receiving and perusing evidence in support

$1,500

7

Evidence in answer

$3,000

8

Receiving and perusing evidence in answer

$1,500

9

Evidence in reply

$1,500

10

Receiving and perusing evidence in reply

$700

11

Preparation of case for hearing

$2,000

12

Attendance at hearing by registered patent attorney or solicitor without counsel

$390 an hour, but not more than $1,755 a day

13

Attendance at hearing by registered patent attorney or solicitor instructing counsel

$300 an hour, but not more than $1,350 a day

14

Counsel fees for attendance at a hearing

$450 an hour, but not more than $2,025 a day

Part   2 -- Expenses and allowances

Division   1 -- Expenses

  1   A person who has paid a fee prescribed in these Regulations in relation to proceedings before the Commissioner or the Disciplinary Tribunal may be paid the amount of the fee.

  2   A person attending proceedings before the Commissioner or the Disciplinary Tribunal must be paid:

  (a)   a reasonable amount for allowances for transport between the usual place of residence of the person and the place that he or she attends for that purpose; and

  (b)   if the person is required to be absent overnight from his or her usual place of residence--a reasonable amount for allowances up to a daily maximum of $1,050 for meals and accommodation.

Division   2 -- Allowances

  3   A person who, because of his or her professional, scientific or other special skill or knowledge, is summoned to appear before the Commissioner or the Disciplinary Tribunal as a witness must be paid:

  (a)   if the person is remunerated in his or her occupation by wages, salary or fees--an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; or

  (b)   in any other case--an amount of not less than $210, or more than $1,050, for each day on which he or she so attends.

  4   A person summoned to appear before the Commissioner or the Disciplinary Tribunal as a witness, other than a witness referred to in clause   3, must be paid:

  (a)   if the person is remunerated in his or her occupation by wages, salary or fees--an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; or

  (b)   in any other case--an amount of not less than $120, or more than $195, for each day on which he or she so attends.



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