Forms of Lapsing

Date Published

Non-payment of Continuation Fees

An application will lapse if a continuation fee has not been paid (sec 142(2)(d) and reg 13.3). There may be a period where the status of the application is uncertain, which occurs when a continuation fee is overdue for payment and the period provided by reg 13.3(1A) has not expired. During this period the application may be regarded as being in a "state of lapse".

An indication of whether a continuation fee due has been paid is given on the 'ECase Summary' screen under the 'In Force' date in PAMS. With the exception of divisional applications under sec 79B (see 2.10.7 Continuation Fees), the first fee is due 4 years after filing and subsequent fees are payable annually. Where there is no indication on the 'ECase Summary' screen that the fee due has been paid, the assumption should be made that the fee has not been paid, and examiners should proceed as set out in Lapsing Prior to Issuing First Report.

Expiry of 12 Month Period

An application will lapse if an examination report has issued, but the application has not been accepted within the prescribed time.  In general, the period of acceptance is 12 months from the date of the first report.