Fees
This page sets out the fees associated with applications, renewals, oppositions and hearings.
These fees are subject to change. GST does not apply to these statutory fees under division 81 of the Goods and Services Act 1999.
Note: A full list of fees are available in Schedule 7 of the Patent Regulations 1991.
New Application
From 1 December 2012 the approved means for filing a new application is using eServices or by Business to Business (B2B).
Our fees include incentives for customers to use an approved means for specific transactions. Customers that file in this way will benefit through a lower fee. Read more information about approved means.
When filing a new application by another means from 1 December 2012 (for example by mail, facsimile or at an IP Lodgement counter) the lower fee will not apply.
| Item/Action | Fee using eServices | Fee by other means* |
|---|---|---|
| Provisional Patent Application | $110 | $210 |
| Standard Complete Patent Application | $370 | $470 |
| Innovation Patent Application | $180 | $280 |
| Patent National Phase Entry Application | $370 | $470 |
*When filing a new application by other means (for example by mail, fascimile or at an IP Lodgement counter) the lower fee will not apply.
Examination/Acceptance
| Item/Action | Fee |
|---|---|
| Patent Examination Fee | $490 |
| Request for an examination where there is an Australian International Preliminary Report on Patentability IPRPII | $300 |
| Innovation Patent Examination Request (Patentee) | $500 |
| Innovation 3rd Party Examination Request (3rd Party) | $250 |
| Innovation 3rd Party Examination Request (Patentee Payment) | $250 |
| Request for Modified Examination | $300 |
| Filing a request requiring the Commissioner to direct an applicant to request examination | $100 |
| Filing a request for re-examination | $800 |
| Request for International Type Search | $2200 |
| Standard Complete Patent - Acceptance | $250 |
| Standard Patent - Excess Claims on or after Acceptance | $110 for each claim in excess of 20 |
Continuation/Renewal Fees
The maximum term for an innovation patent is 8 years.
You begin paying annual maintenance fees for innovation patents on the 2nd anniversary of the filing date. Maintenance fees are then due each year up to the 7th anniversary of the filing date.
The maximum term of a standard patent is 20 years (or up to 25 years for standard patents relating to pharmaceuticals).
Maintenance fees for standard patents are paid from the 4th anniversary of the filing date. Maintenance fees are then due each year up to the 19th anniversary of the filing date. (Up to the 24th anniversary for pharmaceutical patents that have had their term extended).
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", it increases by $100 for each month, or part of a month, that it is "late".
Please note it is your responsibility to pay the maintenance fees. We do send out a reminder notice to those not being represented by a registered patent attorney, but these are only a courtesy and we take no responsibility if you don't receive it for any reason.
* Please note the addition of the 4th year annuity fee which applies to all patent applications whose fourth anniversary falls on or after 1 July 2012. Therefore the fee applies to applications filed on or after 1 July 2008 or any granted patent with a date of patent** on or after 1 July 2008. Please note that customers will be required to pay the fourth year continuation/renewal fee for these applications even if later year continuation/renewal fees have been paid.
** The Date of Patent is the date of filing of the oldest complete parent application in a chain of patents. If divisional status is not claimed the Date of Patent is the filing date of a complete application.
Renewals
From 1 December 2012 the approved means for filing a new application is using eServices or by Business to Business (B2B).
Our fees include incentives for customers to use an approved means for specific transactions. Customers that file in this way will benefit through a lower fee. Read more information about approved means.
When filing a new application by another means from 1 December 2012 (for example by mail, facsimile or at an IP Lodgement counter) the lower fee will not apply.
Innovation Patent Renewals
| Item/Action | Fee using eServices | Fee by other means* |
|---|---|---|
| Renewal Payment Late Fee | $100 for each month, or part thereof that the fee is late. Up to 6 Months | $100 for each month, or part thereof that the fee is late. Up to 6 Months |
| Innovation Patent - 2nd Anniversary | $110 | $160 |
| Innovation Patent - 3rd Anniversary | $110 | $160 |
| Innovation Patent - 4th Anniversary | $110 | $160 |
| Innovation Patent - 5th Anniversary | $220 | $270 |
| Innovation Patent - 6th Anniversary | $220 | $270 |
| Innovation Patent - 7th Anniversary | $220 | $270 |
*When renewing an Innovation Patent by other means (for example by mail, fascimile or at an IP Lodgement counter) the lower fee will not apply.
Standard Patent Renewals
| Item/Action | Fee using eServices | Fee by other means* |
|---|---|---|
| Renewal Payment Late Fee | $100 for each month, or part thereof that the fee is late. Up to 6 Months | $100 for each month, or part thereof that the fee is late. Up to 6 Months |
| Standard Patent - 4th Anniversary | $300 | $350 |
| Standard Patent - 5th Anniversary | $300 | $350 |
| Standard Patent - 6th Anniversary | $300 | $350 |
| Standard Patent - 7th Anniversary | $300 | $350 |
| Standard Patent - 8th Anniversary | $300 | $350 |
| Standard Patent - 9th Anniversary | $300 | $350 |
| Standard Patent - 10th Anniversary | $500 | $550 |
| Standard Patent - 11th Anniversary | $500 | $550 |
| Standard Patent - 12th Anniversary | $500 | $550 |
| Standard Patent - 13th Anniversary | $500 | $550 |
| Standard Patent - 14th Anniversary | $500 | $550 |
| Standard Patent - 15th Anniversary | $1120 | $1170 |
| Standard Patent - 16th Anniversary | $1120 | $1170 |
| Standard Patent - 17th Anniversary | $1120 | $1170 |
| Standard Patent - 18th Anniversary | $1120 | $1170 |
| Standard Patent - 19th Anniversary | $1120 | $1170 |
| Standard Patent Pharmaceutical - 20th Anniversary | $2300 | $2350 |
| Standard Patent Pharmaceutical - 21st Anniversary | $2300 | $2350 |
| Standard Patent Pharmaceutical - 22nd Anniversary | $2300 | $2350 |
| Standard Patent Pharmaceutical - 23rd Anniversary | $2300 | $2350 |
| Standard Patent Pharmaceutical - 24th Anniversary | $2300 | $2350 |
*When renewing s Standard Patent by other means (for example by mail, fascimile or at an IP Lodgement counter) the lower fee will not apply.
Extension of Time Fees
| Item/Action | Fee |
|---|---|
| Request for Extension of time. Error or Omission by IP Australia s223(1) | No Fee |
| Request for Extension of time. Error or Omission by the person concerned or by their agent s223(2)(a) | $100 for each month or part of month for which the extension is being sought |
| Request for Extension of time. Circumstances beyond the control of the person concerned s223(2)(b) | $100 |
| Request for Extension of time. Circumstances where due care has been taken s223(2A) | $100 for each month or part of a month for which the extension is being sought |
Opposition Fees
| Item/Action | Fee |
|---|---|
| File an opposition to an application or objection to an action | $600 |
| Extension of time to serve evidence | $500 for each month or part of a month for which the extension is sought |
| Request for determination of a dispute between applicants (Section 32) | $600 |
| Application to Commissioner for declaration of an eligible person (Section 36) | $600 |
| Filing a request for dismissal of opposition | $600 |
| Filing a request for a Hearing | $600 |
| Appearing at Hearing | $1000 |
| New Hearing on the Written Record | $600 |
Other Fees
| Item/Action | Fee |
|---|---|
| Responding to a Commissioners report (under Section 45 or 48 of the Act if filed more then 12 months but less then 21 months after date of first report on examination | $100 for each month or part of a month after 12 months |
| Filing a request for leave to amend a standard patent: a) a complete specification relating to an application, before a request for examination is filed or after acceptance b) a complete specification relating to a standard patent | $250 |
| Filing a request for leave to amened an innovation patent: a) a complete specification after the patent is granted but before a request for examination is filed b) a complete specification after the patent is certified | $250 |
| Requesting the supply of a copy of a patent specification | $50 |
| Requesting the supply of a copy other than a patent specification | |
| a) for more than 6 documents from a single source and supplied at the same time | $200 plus $1 per page for each document in excess of 6 documents |
| b) other | $50 per document |
| Filing an application for a duplicate of a patent to be sealed | $250 |
PCT Fees
For customers using PCT-SAFE, the new fees will be included in the next version of PCT-SAFE, which will be issued by the World Intellectual Property Organization (WIPO). Users of the current version of PCT-SAFE will need to update the fees manually in their PCT-SAFE application.
Please note that these fees are subject to change. GST does not apply to these statutory fees under division 81 of the 1999 Goods and Services Act.
| Item/Action | Fee |
|---|---|
| Transmittal Fee | $200 |
| International Search Fee | $2200 |
| International Filing Fee | $1367 |
| Plus for each page in excess of 30 | $15 |
| Electronic filing discounts for | |
| Using PCT-EASY | $103 |
| Using PCT-SAFE filed in PDF format | $206 |
| Using PCT-SAFE filed in XML format | $308 |
| Additional International Search Fee | $2200 |
| Cost of preparing certified copy of Basic Document | $100 per document |
| Restoration of Priority Fee | $200 |
| Copies of specifications cited in the International Search Report (ISR) | $50 per copy |
| PCT International Preliminary Exam - with Aust ISR | $590 |
| Additional International Preliminary Exam | $590 |
| PCT International Preliminary Exam Without Aust ISR | $820 |
| International preliminary handling fee | $206 |
Last Updated: 19/2/2013
