Fees


Please note upcoming changes to fees. For more information read our news article on the Fee Review Update. Read more information about Approved Means. 

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.

New Application

Fee Item/Action

Current Fee

1 October 2012 Fee

 

Approved  Means

By Another Means

 Approved  Means

By Another Means

Provisional Patent Application Request

$80

$110

$110

$210

Standard Complete Patent Application

$340

$370

$370

$470

Innovation Patent Application

$150

$180

$180

$280

Patent National Phase Entry Application

N/A

$340

$370

$470

Examination/Acceptance

Fee Item/Action

Current Fee

1 July 2012 Fee

Patent Examination Fee

$450

$490

Request for an examination where there is an Australian International Preliminary Report on Patentability IPRPII

$300

$300

Innovation Patent Examination Request (Patentee)

$400

$500

Innovation 3rd Party Examination Request (3rd Party)

$200

$250

Innovation 3rd Party Examination Request (Patentee)

$200

$250

Request for International Type Search

$1400

$2200

Standard Complete Patent - Acceptance

$200

$250

Standard Patent - Excess Claims on or after Acceptance

$100 for each claim in excess of 20

$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 5th anniversary (4th anniversary from 1 July 2012*) 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 will apply to all patent applications whose fourth anniversary falls on or after 1 July 2012. Therefore the new fee will apply to applications filed on or after 1 July 2008 or any granted patent with a date of patent**on or after 1 July 2008.

As the fourth year continuation/renewal fee is a new fee under the legislation it cannot be paid before 1 July 2012. If the fee is paid before this date it will be refunded and you will need to make the payment after 1 July 2012.

** 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. 

Innovation Patent Renewals

Fee Item/Action

Current Fee

1 July 2012 Fee

  

 Approved Means

By Another 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

$100 for each month, or part thereof that the fee is late. Up to 6 Months

Innovation Patent - 2nd Anniversary

$100

$110

$160

Innovation Patent - 3rd   Anniversary

$100

$110

$160

Innovation Patent - 4th   Anniversary

$100

$110

$160

Innovation Patent - 5th    Anniversary

$200

$220

$270

Innovation Patent - 6th    Anniversary

$200

$220

$270

Innovation Patent - 7th    Anniversary

$200

$220

$270

Standard Patent Renewals

Fee Item/Action

Current Fee

1 July 2012 Fee

  

Approved Means

By Another 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

$100 for each month, or part thereof that the fee is late. Up to 6 Months

Standard Patent - 4th Anniversary*

N/A

$300*

$350*

Standard Patent  - 5th Anniversary

$250

$300

$350

Standard Patent  - 6th Anniversary

$250

$300

$350

Standard Patent  - 7th Anniversary

$250

$300

$350

Standard Patent  - 8th Anniversary

$250

$300

$350

Standard Patent  - 9th Anniversary

$250

$300

$350

Standard Patent  - 10th Anniversary

$450

$500

$550

Standard Patent  - 11th Anniversary

$450

$500

$550

Standard Patent  - 12th Anniversary

$450

$500

$550

Standard Patent  - 13th Anniversary

$450

$500

$550

Standard Patent  - 14th Anniversary

$450

$500

$550

Standard Patent  - 15th Anniversary

$1020

$1120

$1170

Standard Patent  - 16th Anniversary

$1020

$1120

$1170

Standard Patent  - 17th Anniversary

$1020

$1120

$1170

Standard Patent  - 18th Anniversary

$1020

$1120

$1170

Standard Patent  - 19th Anniversary

$1020

$1120

$1170

Standard Patent  Pharmaceutical  - 20th Anniversary

$2000

$2300

$2350

Standard Patent  Pharmaceutical - 21st Anniversary

$2000

$2300

$2350

Standard Patent  Pharmaceutical - 22nd Anniversary

$2000

$2300

$2350

Standard Patent  Pharmaceutical - 23rd Anniversary

$2000

$2300

$2350

Standard Patent  Pharmaceutical - 24th Anniversary

$2000

$2300

$2350

Extension of Time Fees

Fee Item

Current Fee

1 July 2012 Fee

Request for Extension of time. Error or Omission by IP Australia S223(1)

No Fee

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

$100 for each month of 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

$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

$100 for each month or part of a month for which the extension is being sought

Opposition Fees

Fee Item

Current Fee

1 July 2012 Fee

File an opposition to an application or objection to an action

$600

$600

Extension of time to serve evidence

$500 for each month or part of a month for which the extension is sought

$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

$600

Application to Commissioner for declaration of an eligible person (Section 36)

$600

$600

Filing a request for dismissal of opposition

$600

$600

Filing a request for a hearing

$600

$600

Appearing at hearing

$600

$1000

New Hearing on the Written Record

No Fee

$600

Other Fees

Fee Item

Current Fee

1 July 2012 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

$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

b) examination is filed or after acceptance

a complete specification after the patent is granted

$250

$250

Filing a request for leave to amened and innovation patent:

a) a complete specification after the patent is granted but before a request for

b) examination is filed

a complete specification after the patent is certified

$250

$250

Requesting the supply of a copy of a patent specification

$50

$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

$200 plus $1 per page for each document in excess of 6 documents

b) other

$50 per document

$50 per document

Filing an application for the grant of an extension of the term of a standard patent

$2000

$2000

  • Note:  A full list of fees are available in Schedule 7 of the Patent Regulations 1991

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.

Fee Item/Action

Current Fee

1 July 2012 Fee

Transmittal Fee

$150

$200

International Filing Fee

$1375

$1375

Plus for each page in excess of 30

$16

$16

Electronic filing discounts for

  

Using PCT-EASY

$103

$103

Using PCT-Safe filed in PDF format

$207

$207

Using PCT-SAFE filed in XML format

$310

$310

International Search Fee

$1900

$2200

Additional International Search Fee

$1900

$2200

New Zealand International Patent Search

$1900

$2200

India - Search Fee under Rule 16

$1900

$2200

US - International Patent Search Fee

$1900

$2200

Copies of specifications cited in the International Search Report (ISR)

$50 per copy

$50 per copy

PCT International Preliminary Exam - with Aust ISR

$550

$590

Additional International Preliminary Exam

$550

$590

PCT International Preliminary Exam

$780

$820

International preliminary handling fee

$207

$207

Last Updated: 18/5/2012