Increase fees to limit strategic use of patents

Issue summary

In its 2016 inquiry into Australia's IP arrangements, the Productivity Commission argued that insufficient use is made of patent fees as a policy lever to address issues in the patent system, such as patent thickets and the proliferation of low quality rights. The government noted the recommendation, and committed IP Australia to consider greater use of renewal and excess claim fees to reduce the number and scope of patents on the register in future fee reviews.

History

• On hold 4 September 2017
• Consultation 17 December 2019 to 16 February 2020
• Legislative drafting 17 February 2020
• Completed October 2020

Comments

This issue is planned for implementation as part of IP Australia’s Fee Review 2019-20. Consultation on proposed changes to fees were available for public comment in the draft Cost Recovery Implementation Statement published on IP Australia’s website.

Now in effect.