Patents Act 1990

The prescribed fees are payable in accordance with the regulations.

Without limiting subsection (1), different fees may be prescribed in respect of the doing of an act according to the time when the act is done.

Without limiting subsection (1), different fees may be prescribed for filing a document with the Patent Office according to the means by which the document is filed.

Without limiting subsection (1), different amounts of a fee may be prescribed according to the means by which the fee is paid.

A fee must be paid by a means determined in an instrument under subsection 227AAA(1).

The regulations may provide for the consequences (for the purposes of this Act) of failing to pay a fee in accordance with the regulations.

Some provisions of this Act provide expressly or implicitly for the consequences of failing to pay a fee (for example, see subsections 29A(5) and 142(2), section 143, subsection 151(4) and section 176). Regulations cannot provide for consequences inconsistent with those provisions.

In particular, the regulations may provide that, for the purposes of this Act:

an act is not to be done, or is taken not to have been done, if the fee for doing the act is not paid in accordance with the regulations; or

a document is not filed, or is taken not to have been filed, if the fee for filing the document is not paid in accordance with the regulations; or

a patent application lapses, or is taken to have lapsed, if the fee for filing the request and accompanying specification is not paid in accordance with the regulations.

Subsection (4) does not limit subsection (3).