Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p65
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 65/73)
Character Range: 316110–318803

the Commissioner in respect of a matter specified in an item of Part 1 or 2 in Schedule 7 a fee of the amount specified in that item.
 (2) The fees are payable as follows:
 (a) the fee for filing an application, request or other document is payable when the application, request or other document is filed;
 (aa) subject to subregulation (2A), the fee for more than 20 potential claims in relation to an application for a standard patent at the start of the first examination report date for the application is payable on the first examination report date;
 (b) the fee for appearing and being heard at an oral hearing is payable:
 (i) for the first day—immediately before the hearing; and
 (ii) for each day or part of a day after the first day—immediately after the hearing;
 (ba) the fee for a hearing on the basis of written submissions only is payable when the written submissions are filed;
 (d) the fee for acceptance of a patent request and complete specification, under section 49 of the Act, is payable when the application is accepted;
 (e) if the Commissioner decides to conduct a search as part of the examination of a patent request and complete specification for a standard patent, the fee is payable when the Commissioner notifies the applicant that the fee is payable.
 (2A) The fee referred to in paragraph (2)(aa) is not payable if:
 (a) the report to which the first examination report date mentioned in that paragraph relates indicates that the Commissioner is satisfied that:
 (i) the complete specification complies with subsections 40(2) to (4) of the Act; and
 (ii) to the best of the Commissioner's knowledge, the invention, so far as claimed, satisfies the criteria mentioned in paragraphs 18(1)(a), (b) and (c) of the Act; and
 (iii) the invention is a patentable invention under subsection 18(2) of the Act; and
 (iv) the patent request and complete specification comply with the provisions of the Act mentioned in paragraph 3.18(2)(a) of these Regulations; and
 (v) acceptance of the patent request and complete specification should not be refused under section 50 of the Act; and
 (vi) the patent is not a patent that cannot be granted on the application because of subsection 64(2) of the Act; and
 (vii) if the application is a PCT application—to the best of the Commissioner's knowledge, the requirements of subregulations 3.2C(2) and (3) of these Regulations are met; and
 (b) if the applicant requested, under subsection 49A(1) of the Act, the Commissioner to postpone acceptance of the patent request and complete specification to which the report relates:
 (i) the first examination report date is later than the day (if any) specified by the Commissioner