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2.27.10 Refund of Certain Fees - Regulation 22.7(1)

Date Published

Regulation 22.7(1) states (subject to reg 22.7(2)) that if:

  • a complete application for a standard patent has been filed; and

  • the application is withdrawn before the specification becomes open to public inspection;

so much of the fee paid on the filing of the application as the Commissioner reasonably thinks fit may, on written application made to him or her, be refunded.

When a complete standard application is withdrawn before it is OPI and a request for a refund of the application fee is received, the Commissioner will refund fees in excess of the costs associated with processing the application.

In general, the costs associated with receiving and processing an application are reflected in the costs of filing a provisional application. In addition, where the application has been classified the Commissioner will estimate the costs associated with the classification and related actions.

However, an application which is lapsed cannot be withdrawn (see Withdrawal Opportunity and Effect) and thus no fee refund is applicable in these circumstances.

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