Time and costs

This page sets out some of the basic fees associated with patent applications. A full list of fees is available in Schedule 7 of the Patent Regulations 1991.

Fees are payable at different stages through the patent process and will depend on the type of application you are making.

It is important to remember that these are the fees our office charges for each action. You should expect additional costs if you are using legal representation.

This information is current as of May 2016. Fees are subject to change. GST does not apply to these statutory fees under division 81 of the Goods and Services Act 1999.

Application fees

The application fees you need to pay will depend on the type of patent you apply for.

If you file an application and do not pay the filing fee within two months your application will lapse.

The first fee is if an application is filed through Online Services (eServices). The second is if an application is filed by other means (e.g. post).

Schedule 7 item

Action

Fee (online services)

Fee (other means)

201

Provisional patent application

$110

$210

203

Standard patent application

$370

$470

202

Innovation patent application

$180

$280

214A

National phase entry (a standard patent application after going through the Patent Cooperation Treaty application process)

$370

$470

Renewal fees

Annual renewal fees must be paid on all standard and innovation patent applications if you want them to remain in force. The cost will vary depending on the type of patent and the number of years that have passed since you filed it. These fees are usually due on or before the anniversary of the filing date of your application.

It is up to you to pay on time. Patent protection will stop if the renewal fee is not paid.

It is important that you keep your contact details up to date by using our online services.

Standard patent renewals

Schedule 7 item

Action

Fee

211

4th to 9th anniversaries

$300

211

10th to 14th anniversaries

$500

211

15th to 19th anniversaries

$1120

211

20th to 24th anniversaries (pharmaceutical patents only)

$2300

211

Renewal payment late fee

$100 for each month, or part thereof that the fee is late (up to six months).

Innovation patent renewals

Schedule 7 item

Action

Fee

212

2nd to 4th anniversaries

$110

212

5th to 7th anniversaries

$220

212

Renewal Payment Late Fee

$100 for each month, or part thereof that the fee is late (up to six months).

Examination and searches

Fees are payable for examination for both standard and innovation patent applications.

Schedule 7 item

Action

Fee

205

Standard patent examination request

$490

207

Innovation patent examination request (applicant)

$500

208(a)

Innovation patent third party examination request (third party payment)

$250

208(b)

Innovation patent third party examination request (applicant payment)

$250

210

Re-examination request

$800

Innovation patents

Innovation patents do not have to be examined. You can choose to keep your patent as an unexamined innovation patent and never request examination. If competitors request examination of your innovation patent, they have to pay half of the examination fee and you will have to pay the other half. If you do not pay, your patent will cease.

Standard patents

Standard patent applications must be examined. You must request examination and pay the examination fee within five years of your filing date. If you haven't requested examination yourself, you may be directed to request examination and pay the examination fee anywhere up to 55 months from your earliest priority date. In this case, you will be given two months to request examination. If you fail to request examination and pay the fee within the required period your application will lapse.

Both innovation and standard patents must be examined before you can enforce your rights.

Acceptance

An acceptance fee is only applicable for a standard patent.

Schedule 7 item

Action

Fee

213(a)

Standard patent acceptance

$250

213(b)

If more than 20 claims in specification

$110 for each claim in excess of 20

Voluntary amendments

Amendments to a patent application will incur a fee if they are made at either of these stages:

  • before you request examination
  • after the standard patent application has been accepted.

There is no fee for filing a voluntary amendment on a provisional application. It is also free to amend an innovation or standard patent application after examination has been requested.

Schedule 7 item

Action

Fee

222

Amend standard patent specification before examination or after acceptance

$250

International fees

Fees for patents overseas will vary depending on the country you apply in.

Filing separate patent applications in each country may be cost effective if you choose to file in only a few countries.

If you file an application under the Patent Cooperation Treaty (PCT), your application will have automatic effect in the 148 countries in the treaty. This gives you more time to decide whether you want to pursue patent protection and in which countries. Most countries require you to file a patent application within 30 months from your priority date. You have 31 months if you file in Australia. Please check each country's requirements to ensure the correct fees are paid on time.

If you choose to pursue patent protection without professional advice you should take extreme care to understand the fees you will be required to pay and when you are required to pay them.

If you have filed an Australian provisional application with a view to filing a PCT application, you can pay for a patentability search to be carried out by us on your invention before you file your PCT application.

When you file your PCT application you must pay the full international search fee. If we have already conducted a search for your provisional application, you may request a partial refund of the international search fee. The amount of the refund will depend on how much additional searching we need to do on your PCT application.

Fees must be paid for a PCT application within one month of filing the application. Otherwise, late fees will apply. Failure to pay these fees will result in the application being withdrawn.

You will also need to pay various national fees in each country where you choose to begin the national phase. Failure to pay a fee can have serious consequences for the protection of your rights.

Schedule 7 item

Action

Fee

301

Transmittal fee

$200

302

International search fee 

$2200

401

International filing fee
If the application contains 30 Pages or less including the request form

$1811

 

For each page in the application in excess of 30 Sheets

$20

403

Electronic filing discounts for:

 

 

Using ePCT filed in PDF format

$272

 

Using ePCT filed in XML format

$408

 

Additional international search fee

$2200

 

Cost of preparing certified copy of Basic Document 

$100 per document

  Copies of Specifications cited in the International Search Report $50 per copy

304(a)

PCT International preliminary exam (with Australian ISR)

$590

304(b)

PCT International preliminary exam (without Australian ISR)

$820

402

International preliminary examination handling fee

$272

Oppositions and hearings

Parties involved in patent oppositions and ownership disputes can give evidence in a hearing overseen by a delegate of the Commissioner for Patents.

Some of the costs involved in opposition proceedings are detailed below:

Schedule 7 item

Action

Fee

216

Filing a notice of opposition

$600

231

Appearing at a hearing

$1000 per day

231A

Hearing on the basis of written submissions only

$600

Replacement certificates

Replacement certificates can be ordered via our online services. Options are: photocopies, certified copies and duplicates. Depending on which option you select the cost will be between 50.00 and 250.00.

Commemorative certificates can be purchased for between 44.00 and 137.50.These can be used for display only and do not replace your certificate for legal purposes.

Refunds

Under limited circumstances we may issue a refund. Refunds are granted in line with our refunds policy.

Last updated: 
30 June 2016