2.27.2 Fee Payment Basis

In general, fees are payable in respect of:

• the doing of an act by the Commissioner;

• the doing of an act by a person other than the Commissioner;

• the filing of a document; and

• the filing of a request.

Regulations 22.2B - 22.2D, reg 22.2EA and regs 22.2G – 22.2I provide for the consequences of failing to pay a fee in accordance with the Regulations. These regulations enable the Commissioner to issue an invitation to pay the relevant fee that has not been paid. If the fee is not paid within the period allowed in the invitation, the application, request or other relevant document is taken not to have been filed or made, or the application lapses or the patent ceases, as the case may be.

However, the above consequences do not arise in special circumstances where a fee has not been paid in accordance with the Regulations and the Commissioner has not given an invitation to pay within the time allowed (reg 22.2F).

In the situation where a fee is paid late and there has been a change in the fee schedule since the due date, the fee payable is the fee applicable at the date the fee is paid, plus the extension of time penalty for late payment in accordance with the schedule.

Note: Any reference to the payment of a continuation fee or renewal fee is to be taken to include payment of that fee by a person other than the applicant or patentee, as well as the applicant or patentee (sec 143B).