Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p71
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 71/73)
Character Range: 329917–332569

date of notification of the determination in the Official Journal, whichever is later.

22.5  PCT Fund
  Money paid as a fee to the Commissioner under subregulation 22.4(1):
 (a) must be paid into a special account established under section 78 of the Public Governance, Performance and Accountability Act 2013; and
 (b) may be expended from the Special Account for the purposes of the PCT, including the making of refunds and the remission of fees to the International Bureau.

22.6  Exemption from fees
 (1) The Commissioner may exempt a person from the payment of the whole or any part of a fee if the Commissioner is reasonably satisfied that the action is justified, having regard to all the circumstances.
 (2) If acceptance of a patent request and complete specification for a standard patent has been delayed because of an error or omission on the part of an employee, the period mentioned in subregulation (3) is not, for the purposes of ascertaining the amount of a fee, to be taken into account.
 (3) For subregulation (2), the period is the period that the Commissioner believes, on reasonable grounds, is equal to the period of delay that resulted from the error or omission.

22.7  Refund of certain fees
 (1) Subject to subregulation (2), if:
 (a) a complete application for a standard patent has been filed; and
 (b) the application is withdrawn before the specification becomes open to public inspection;
so much of the fee paid on the filing of the application as the Commissioner reasonably thinks fit may, on written application made to him or her, be refunded.
 (2) If the PCT requires a fee paid to the Commissioner to be refunded in whole or in part, that fee or that part of the fee must be refunded.
 (3) If:
 (a) a search fee or a preliminary examination fee is payable to an International Searching Authority or an International Preliminary Examining Authority; and
 (b) the PCT provides for the refund of the fee in whole or in part; and
 (c) that fee has been paid to the Commissioner;
he or she must determine in accordance with the PCT to what extent that fee is to be refunded to the applicant and the fee must be refunded accordingly.

Division 2—Costs

22.7A  Proceedings to which this Division applies
  This Division applies to proceedings before the Commissioner.

22.8  Costs
 (1) The Commissioner must not award costs in proceedings to which this Division applies, other than costs specified in Schedule 8, unless each party to the proceedings has had the reasonable opportunity to make a submission on the matter of the award of those costs.
 (2) The Commissioner may award an amount:
 (a) for costs in respect of