2.10.7 Continuation Fees

Regulations 6.3(7), 6.3(8) and 13.3 determine the date governing payment of continuation fees in respect of applications made under sec 79B or sec 79C.

Where a second divisional application is made under sec 79B or sec 79C invoking a first divisional made under sec 79B or sec 79C, then the date governing payment of continuation fees is the date of filing of the original (grandparent) specification, and so forth. The only exception to this is if the Commissioner has advised the applicant prior to 1 January 2000 that a different date applies.

For all applications made under sec 39 (repealed) and in existence on 1 January 2000, the date governing payment of continuation fees is the date of filing of the parent specification.

For a divisional application made in respect of two or more parent applications, the date governing payment of continuation fees for the common divisional is the earliest of the dates governing payment of the continuation fees of the parents.

For granted patents, the date governing the payment of renewal fees is the date of the patent recorded in the Register. Note, however, that for an innovation patent, a renewal fee that would otherwise be payable within 1 month after the grant of the patent is not required to be paid (reg 13.6(4)).