FOR IP PROFESSIONALS

Patent 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 is 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.

When filing a new application by another means from 1 December 2012 (for example by mail) the lower fee will not apply.

Item/ActionFee using eServicesFee 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) 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
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". This means the fee will increase by $100 per month on the next day after the due date and every month thereafter until the renewal fee is paid.

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) the lower fee will not apply.

Innovation Patent Renewals

Item/ActionFee 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) the lower fee will not apply.

Standard Patent Renewals

Item/Action Fee using eServicesFee 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 a Standard Patent by other means (for example by mail) 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/ActionFee
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 Up to $1000 per day (with potential discounts on certain fees already paid) 
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 than 12 months but less than 21 months after date of first report on examination, where the request for examination was filed before 15 April 2013.$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

Grant of leave to amend a complete specification relating to a standard patent or standard patent application, after the complete specification is accepted, if:

a) more than 20 claims are contained in the complete specification as proposed to be amended; and
b) the effect of the proposed amendment would be to increase the number of claims in the complete specification

 $110 for each additional claim that arises as described in paragraph (b).
 Amending an innovation patent request to a standard patent request $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, where the patent was granted before 15 April 2013$250
 Filing a request for certification as referred to in Rule 11.3(a) of the Budapest Treaty for the release of a sample of a micro-organism. $550

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 $1657
Plus for each page in excess of 30 $19
Electronic filing discounts for: 
 Using ePCT $249
 Using PCT-EASY $125
 Using PCT-SAFE filed in PDF format $249
 Using PCT-SAFE filed in XML format $374
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 $249

 

Last Updated: 15/5/2014

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Masters in Chemisty

Patent Examiner since 2010
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