Patents
A device, substance, method or process that you have invented.
Gives you the exclusive right to commercially exploit your invention.
Manage your patent
It is up to you to manage your patent once it has been granted. To maintain a patent you must:
- pay annual renewal fees - these vary according to the type of patent you own
- notify us if you wish to amend your patent to show details of a change of address, a change of ownership or licensing arrangements
- protect your patent against infringement and take action if you find it's being copied or used without your permission.
Renew your patent by paying annual fees on time
It is up to you to renew your patent and pay your fees on time.
eServices is the quickest and easiest way to renew your patent. You can pay for your renewal using your VISA or MasterCard and the renewal is effective immediately.
Annual renewal fees must be paid on your patents if you want them to remain in force. The cost varies depending on the type of patent and the number of years that have passed since you originally filed it. These fees are usually due on or before the anniversary of the filing date of your complete application.
For a standard patent, you start paying maintenance fees from the fifth anniversary of the filing date. Maintenance fees are the due each anniversary after that until the patent ceases.
You begin paying annual maintenance fees for innovation patents on the second anniversary of the filing date. Maintenance fees are then due each year up to the seventh anniversary of the filing date (the maximum term of an innovation patent is eight years).
See the list of fees due on the filing date anniversaries of standard and innovation patents.You can check the date the renewal fee is due and then which year fee is due on AusPat.
You can arrange for an annuity firm or a patent attorney to keep track of the anniversary of the filing date and they will forward your payment to us.
What happens if you forget to pay the fee?
If the fee is not paid on or before the anniversary, it can be paid in a six month period after the anniversary. If the fee is paid in this six month grace period, there is an additional fee for each month or part month that the payment is late.
If you don't pay your fee by the end of this grace period your patent will no longer be in force.
If you did not pay the yearly fee, it may be possible to recover your rights by applying for an extension of time to pay the fee. An extension is only possible if you unintentionally missed paying the fee before the due date.
Last Updated: 30/4/2012
