Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p68
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 68/73)
Character Range: 322977–325598

have been filed.

22.2EB  Failure to pay: fees payable for the first report on examination
 (1) An application for a standard patent lapses if:
 (a) a fee mentioned in item 203A of the table in clause 2 of Schedule 7 is not paid when it is payable; and
 (b) the Commissioner invites the applicant to pay the fee within 1 month after the first examination report date; and
 (c) the fee is not paid within the 1 month period.
 (2) An application that lapses under subregulation (1) is restored if the fee mentioned in item 203A of the table in clause 2 of Schedule 7 is paid in relation to the application within the period of 11 months after the application so lapses.

22.2F  Consequence if Commissioner does not invite payment
 (1) Subregulation (2) applies if:
 (a) a fee mentioned in regulation 22.2B, 22.2C or 22.2D is not paid when it is payable; and
 (b) the Commissioner does not give the invitation mentioned in the relevant regulation within the time allowed.
 (2) The application, representation, request or other relevant document is to be treated as if the fee had been paid when the application, representation, request or other document was filed or made.
 (2A) An application for a standard patent is to be treated as if the fee mentioned in regulation 22.2EB had been paid on the first examination report date if:
 (a) the fee is not paid when it is payable; and
 (b) the Commissioner does not give the invitation mentioned in paragraph 22.2EB(1)(b) within the 1 month period mentioned in that paragraph.
 (3) Subregulation (4) applies if:
 (a) a fee mentioned in regulation 22.2I is not paid when it is payable; and
 (b) the Commissioner does not give the invitation mentioned in regulation 22.2I within the time allowed.
 (4) The accepted application is to be treated as if the fee for acceptance mentioned in item 213 of Schedule 7 had been paid immediately after its acceptance.
 (5) Subregulation (6) applies if:
 (a) a fee mentioned in paragraph 22.2EA(1)(a) relating to a grant of leave to amend a complete specification is not paid when it is payable; and
 (b) the Commissioner does not give the invitation mentioned in paragraph 22.2EA(1)(b) within the time mentioned in that paragraph.
 (6) The request for leave to amend the complete specification is to be treated as if the fee had been paid when leave was granted to amend the complete specification.
 (7) Despite subregulations (2), (2A), (4) and (6), the fee remains payable and can be recovered as a debt due to the Commonwealth.

22.2G  Failure to pay: hearing fees
 (1) Subregulation (2) applies if:
 (a) the fee mentioned in item 230 of