2.27.3 Fees Not Paid or Requested

Date Published

Where a fee payable in respect of the filing of a document has not been paid, COG will normally issue an invitation to pay the fee. In most situations, the case file will not be sent to the relevant examination section until the fee is paid.  If an examiner receives a case file containing a document in respect of which a fee has not been paid but has been requested, COG should be notified immediately.

Where examiners receive a case file containing a document or request for action in respect of which a payable fee has not been requested, the following procedure applies:

  • if the case is received within one month of the receipt of the document or request in the Office, examiners should immediately notify COG, who in turn will arrange for an expeditious request of the fee (to meet the requirements of the applicable regulation); or

  • if the case is received more than one month from the date of receipt of the document or request, examiners should proceed with examination of the case. A note should be added, at the end of any report issued, that the fee has not yet been paid. It is to be understood that whilst under the provisions of reg 22.2F(2) the document or request is deemed to have been filed or made, reg 22.2F(7) still provides that the fee remains payable.

Given the consequences arising from the failure to pay a fee, in most cases where an invitation to pay has issued, no examiner action is to occur. For example, in the situation where a fee is payable in respect of the doing of an act by the Commissioner, such as a request for examination under sec 45 or a request to amend under sec 104, the act shall not be done until the fee is paid. In this situation, if the fee is not paid the request is taken not to have been made.