Renew your IP rights

Once your intellectual property (IP) is protected, you'll need to renew it in order to keep it protected. Here's how to renew your trade mark, patent, design and plant breeder's rights (PBR).  

Why do I need to renew my IP?

Renewal of your IP right helps ensure your IP assets remain protected.

If you don’t renew your IP rights on time, your protection will lapse. Once it does, you'll lose all rights that come from registration.

How to renew your IP rights 

Each type of right has its own requirements for renewal. Details for each are below:

When to renew:

  • Renewal is due every 10 years
  • Your trade mark can be renewed up to a year before the renewal due date.

There's no limit to the number of times a trade mark can be renewed.

We'll send you a reminder notice two months before your renewal is due.

If you miss the renewal date, we'll provide a six month grace period when you can still renew your trade mark. If you don't renew or pay the fee within this period, your rights will lapse and your IP will no longer be protected.

How much it costs:

  • $400 per class, paid online
  • $450 per class, paid in person or by post.

If you don't renew your trade mark on time, and you use the six month grace period, you'll need to pay an extra $100 for each month that the fee isn't paid.

How to renew:

It's your responsibility to renew your trade mark on time. The quickest and easiest way is through our online services. The renewal is effective immediately.

You can check the status of your registration at anytime at Australian Trade Mark Search.

When to renew:

Standard patent:

  • First renewal is due four years after the filing date
  • All following renewals must occur yearly until the patent ends.

Innovation patent:

  • First renewal is due two years after the filing date
  • All following renewals must occur yearly until the patent ends.

We'll send a reminder notice to your patent attorney, or to you if you don't have one, two months before your renewal is due.

If you miss the renewal date, we'll provide a six month grace period when you can still renew your patent. If you don't renew or pay the fee within this period, your rights will lapse and your IP will no longer be protected.

Renewal costs:

The cost depends on the type of patent and when the application was originally filed.

The fees are as below:

Standard patent renewal fees

Action Fee (online services) Fee (paid in person or by post)
4th anniversary $300 $350
5th anniversary $315 $365
6th anniversary $335 $385
7th anniversary $360 $410
8th anniversary $390 $440
9th anniversary $425 $475
10th anniversary $490 $540
11th anniversary $585 $635
12th anniversary $710 $760
13th anniversary $865 $915
14th anniversary $1050 $1100
15th anniversary $1280 $1330
16th anniversary $1555 $1605
17th anniversary $1875 $1925
18th anniversary $2240 $2290
19th anniversary $2650 $2700
20th anniversary (pharmaceutical patents only) $4000 $4050
21st anniversary (pharmaceutical patents only) $5000 $5050
22nd anniversary (pharmaceutical patents only) $6000 $6050
23rd anniversary (pharmaceutical patents only) $7000 $7050
24th anniversary (pharmaceutical patents only) $8000 $8050

Innovation patent renewal fees

Action Fee (online services) Fee (paid in person or by post)
2nd to 4th anniversaries $110 $160
5th to 7th anniversaries $220 $270

 

If you don't renew your patent on time, and you use the six month grace period, you'll need to pay an extra $100 for each month that the fee isn't paid.

 How to renew:

It's your responsibility to renew your patent on time. The quickest and easiest way is through our online services. The renewal is effective immediately.

When to renew:

  • Anytime within the first five years of registration
  • Once the first renewal period ends for another five years.

Design rights can only be renewed once. This means they have a life span of maximum 10 years' protection.

We'll send you a reminder notice two months before your renewal is due.

If you miss the renewal date, we'll provide a six month grace period when you can still renew your design right. If you don't renew or pay the fee within this period, your rights will lapse and your IP will no longer be protected.

Renewal costs:

  • $400, paid online
  • $450, paid by mail.

There's a six month grace period after the renewal date to pay your fees. It costs an extra $100 for every month that the fees aren't paid within this time.

How to renew:

It's your responsibility to renew your design right on time. The quickest and easiest way to renew is through our online services. The renewal is effective immediately.

When to renew:

  • Annually, on the date your PBR was granted.

The annual renewal fee maintains your rights for the length of your PBR protection, which is:

  • 25 years for trees and vines
  • 20 years for other species.

We'll send you a reminder notice two months before your renewal is due.

Renewal costs:

  • $400, paid online
  • $450, paid in person or by mail.

How to renew:

It's your responsibility to renew your PBR on time. The quickest and easiest way to renew is through our online services. The renewal is effective immediately.