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Fees
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
| Filing (paper form or online) |
$80 |
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
| (a) in paper form |
$180 |
| (b) online |
$150 |
| Request for an examination |
$370 |
If exam is requested by a 3rd party
| Fee payable by 3rd party |
$180 |
| Fee payable by patentee |
$180 |
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.
| 2nd anniversary |
$100 |
| 3rd anniversary |
$100 |
| 4th anniversary |
$100 |
| 5th anniversary |
$160 |
| 6th anniversary |
$200 |
| 7th anniversary |
$230 |
| and, in addition, if the fee is not paid
on or before the anniveresary but is paid within
6 months after the anniversary |
$100 for each month, or part of a month,
in the period between the anniversary and the day
when the fee is paid. |
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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.
| Filing |
|
| (a) in paper form |
$320 |
| (b) online |
$290 |
| Request for an examination |
$420 |
| Request where there is an Australian IPER |
$300 |
| Acceptance of an application
|
$140 |
| ...and if more than 20 claims, $100 for each
claim in excess of 20 |
| Filing a response to the Commissioner's report under section
45 or 48 of the Act, if filed more than 12 months, but within 21 months,
after the date of the first report on the examination |
$100 for each month or part of a month, after the 12 months. |
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.
| 5th anniversary |
$250 |
| 6th anniversary |
$250 |
| 7th anniversary |
$250 |
| 8th anniversary |
$250 |
| 9th anniversary |
$250 |
| 10th anniversary |
$400 |
| 11th anniversary |
$400 |
| 12th anniversary |
$400 |
| 13th anniversary |
$400 |
| 14th anniversary |
$400 |
| 15th anniversary |
$900 |
| 16th anniversary |
$900 |
| 17th anniversary |
$900 |
| 18th anniversary |
$900 |
| 19th anniversary |
$900 |
| If term extended |
$2000 for each anniversary during the period of extension |
| and, in addition, if the fee is not paid
on or before the anniveresary but is paid within
6 months after the anniversary
| $100 for each month, or part of a month,
in the period between the anniversary and the day
when the fee is paid. |
| Application fee for extension of term (pharmaceuticals)
|
$1300
|
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 December 2009. 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
| Transmittal fee |
$AU150 |
International Filing Fee*
plus for each page in excess of 30
*Fees are converted from Swiss Francs
|
$AU1489
$AU17
|
| Electronic Filing Discounts |
|
| Electronic Filing Fee Discount (PCT-EASY).
see note (2.1)
|
-$AU112 or |
| Electronic Filing Fee Discount (PCT-SAFE - no XML specs). see note (2.2)
|
-$AU224 or |
| Electronic Filing Fee Discount (PCT-SAFE with XML specs). see note (2.3)
|
-$AU336 |
| |
|
| International Search Fee |
$AU1600 |
| Cost of preparing Certified copy of basic document |
$AU100 per document |
| Copies of specifications cited in the ISR |
$AU50 per copy |
International preliminary examination fees
International Preliminary Examination Fee
If the International Search was performed by IP Australia
|
$AU550 |
If the International Search was not conducted by IP Australia
|
$AU780 |
| International Preliminary Handling Fee |
$AU224 |
| TOTAL if search was performed by IP Australia = |
$AU774 |
| TOTAL if search was NOT performed by IP Australia = |
$AU1004 |
International-type search fees
| Fee for IP Australia to perform an International-type search (article 15(5)) |
$AU1,400 |
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 $AU112 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 $AU224 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 $AU336 from
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
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