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Patent Fees

The main fees for each type of patent application are listed below. In some circumstances you will have to pay additional fees, for example if you need to ask for an extension of time in which to pay one of these main fees.

The full fee schedule can be found at Schedule 7 of the Patents Regulations.

You can use this ComLaw Link to navigate to Schedule 7.

Provisional application for a patent
Complete application - Innovation patent
Complete application - Standard patent
A rough guide to total costs
International (PCT) applications
Notes on fees
Information on payment methods

If you file a provisional or a complete application and do not pay the filing fee at that time, we will send you a notice advising you of the fee and that you have two months from the date of our notice to pay in full, or your application will lapse.

Provisional application for a patent

Complete application - Innovation patent

Please note that these fees are subject to change.
GST does not apply to these statutory fees under Division 81 of the GST Act 1999.

Filing

If exam is requested by a 3rd party

To keep an innovation patent in force, you must pay annual maintenance fees from the second anniversary of the filing date of the complete application for an innovation patent.

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Complete application - Standard patent

Please note that these fees are subject to change.
GST does not apply to these statutory fees under Division 81 of the GST Act 1999.

To keep a standard patent application or standard patent in force, you must pay annual maintenance fees. Even if your patent has not been granted, you must pay maintenance fees from the 5th anniversary of the filing date of the complete application for a standard patent.

We do not send out reminders for maintenance fee payments

You can make arrangements for an annuity firm or Patent Attorney to keep track of the anniversary of the filing date of your standard patent application or innovation patent application and they will forward your payment to us.

A rough guide to total costs

The average estimated cost of an Australian standard patent, including attorney fees, is between $6,000 to $10,000, depending on the complexity of your application. This cost is only to be used as a guide, you should contact a patent attorney for specific advice on your circumstance.

Maintenance fees over a 20 year term would be a further $8,000.

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International (PCT) applications

These fees apply from 1 July 2008. For customers using PCT-SAFE, the new fees will be included in the next version of PCT-SAFE, which will be issued by 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 GST Act 1999.

PCT lodgement fees

International preliminary examination fees

International Preliminary Examination Fee

International-type search fees

Notes on Fees

1        Fees Generally

1.1        The Patents Act has various fees that are required to be paid during the prosecution of an application. Failure to pay a fee can have serious consequences for the protection of your rights. If you choose to pursue patent protection without using the services of a professional advisor you should take extreme care to understand the fees you will be required to pay and when you are required to pay them.

1.2        Information on payment methods

2        PCT fees

2.1        Any application filed using the "PCT-EASY" mode of WIPO's PCT-SAFE software is subject to a reduction of $AU96 from the total amount payable for filing the international application.

2.2        Any application filed using the "PCT-SAFE" mode of WIPO's PCT-SAFE software where the text of the description, claims and abstract is not in character coded format (XML), is subject to a reduction of $AU192 from the total amount payable for filing the international application.

2.3        Any application filed using the "PCT-SAFE" mode of WIPO's PCT-SAFE software where the text of the description, claims and abstract is in character coded format (XML), is subject to a reduction of $AU289from the total amount payable for filing the international application.

2.4        If an examiner determines that there is more than one invention claimed in an application you may be invited to pay additional fees.

2.5        Fees are payable to the Receiving Office (RO).  For Australia, the RO is IP Australia.

2.6        Although the fees are not required to be paid at the time of filing the international application, the international search will not be performed until the fees are paid. If no fees, or insufficient fees, are paid you will be invited to pay the fees within one month of filing. If the fees are not paid within the first month, a second letter requesting payment, plus a penalty payment (50% of the unpaid fee or the whole of the transmittal fee (whichever is greater) but not more than 50% of the international filing fee) will be sent to you. If fees are not paid then the application will be withdrawn.

2.7        You will also need to pay various national fees in each country where you choose to begin the national phase. In Australia these will include filing, examination, and maintenance fees.

View our policy outlining the circumstances in which fees will be refunded

Resources > Forms & publications > Patents
Patent fee schedule

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