Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p22
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 22/73)
Character Range: 208517–211123

force.

13.1B  Period in which innovation patent applications may not be withdrawn
 (1) For paragraph 141(1)(c) of the Act, the prescribed period for an application for an innovation patent is the period:
 (a) beginning when the Commissioner accepts the patent request and complete specification under subsection 52(2) of the Act; and
 (b) ending when the Commissioner grants the patent under subsection 62(1) of the Act.
 (2) Subregulation (1) does not apply if an order made under subsection 152(3) or 173(1) of the Act is in force.

13.1C  PCT applications—prescribed circumstances in which application may be withdrawn or taken to be withdrawn
 (1) For subsection 141(2) of the Act, a PCT application may be withdrawn if the conditions mentioned in subsection 141(1) of the Act are met.
 (2) For subsection 141(2) of the Act, a PCT application is taken to be withdrawn if Article 11(3) of the PCT ceases to have effect in Australia in relation to the PCT application under Article 24(1)(i) of the PCT.

13.3  Prescribed period: continuation fees
 (1) For paragraph 142(2)(d) of the Act:
 (a) a continuation fee for an application for a standard patent is payable for a relevant anniversary at the last moment of the anniversary; and
 (b) the period in which the fee must be paid is the period ending at the last moment of the anniversary.
 (1A) However, if the continuation fee is paid within 6 months after the end of the relevant anniversary (6 month period):
 (a) the period mentioned in paragraph (1)(b) is taken to be extended until the fee is paid; and
 (b) the continuation fee includes the additional fee stated in item 211 of Schedule 7; and
 (c) the additional fee is payable from the first day of the 6 month period.
 (2) In the case of an application, filed before 1 April 2002, to which section 33, 34, 35, 36 or 79B of the Act applies, a continuation fee that is payable before 12 months after the date of filing the application is taken to have been paid.
 (3) In this regulation, relevant anniversary, for an application for a standard patent, means an anniversary:
 (a) of the date that would be the date of the patent if a patent had been granted on the application; and
 (b) that is mentioned in item 211 of Schedule 7.
Note 1: For the date of a patent, see section 65 of the Act and regulation 6.3.
Note 2: For the fees payable, see regulation 22.2.

13.4  Prescribed period: acceptance of request and specification
 (1) Subject to this regulation, the period prescribed for the purposes of paragraph 142(2)(e) of the Act in relation to an application is:
 (a) if examination of the