FOR IP PROFESSIONALS

Patent fee changes

9 Jul 2010

Following a review of its fee structure and consultation with customers, IP Australia made a formal request to Government to increase patent fees. This request has been approved and IP Australia will therefore increase some patent fees and introduce two new fee items as of 1 August 2010.

As the increases only relate to some patent fees, all fees for trade marks, designs and plant breeder's rights will remain the same.

This is the first increase to fees by IP Australia in over three years.

The first new fee is for the lodgement of an application for a provisional patent by electronic means. This will be lower than the fee for lodgement by non-electronic means.

The second new fee is for amendments to complete patent specifications after the specification has been accepted. The fee will apply where an amendment increases the total number of claims to more than 20. The fee will be charged on each additional claim and be due on the grant of the amendments, rather than on the filing of the application to amend. This means that the fee will be due on 'applications to amend' that are filed before 1 August 2010 but granted after this date.

Last Updated: 15/9/2012

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