Renewal Procedure at the Australian Government’s ‘IP Australia’ Office
An informational summary of the patent renewal rules in place for Australian patents.
Patent Types
There are two types of patents in Australia. Standard patents are patents in the traditional sense.
Standard patents require an inventive step, a formal examination procedure and can provide up to 20 years of protection for your intellectual property (with the payment of the appropriate renewal fees). Innovation patents are less stringent in their requirements and can provide only up to 8 years of protection.
RenewalsDesk allows for the renewal of standard patents only.
Renewal Years
Fees are due from the 4th anniversary of a standard patent’s filing date (for the year 5 payment as years must be paid for in advance), and every subsequent year thereafter. Under normal proceedings, patents can be renewed for up to 20 years after the filing date, however some exceptions exist: pharmaceutical patents can be renewed to remain in force for up to 25 years.
For innovation patents, renewals are due annually from the 2nd anniversary – for year 3 of the patent’s lifetime onwards.
Fees must be paid before grant in order to maintain an application, as well as after grant for the continuation of rights.
Renewal Dates & Payment Windows
The last payment date for each renewal fee is the anniversary filing date. Note that unlike some other countries, you do not have until the end of the month to make the payment – payments can be due any time of the month. For example, if a patent’s filing date is 18th November, then the renewal deadline is 18th November of each relevant year.
Payments for each year can be made any time up until the deadline. This extends to future years, so it is possible to make lump sum payments for a number of upcoming consecutive years. This results in the patent remaining in force with no further payment required until all previously-paid years have occurred. For example, if before the patents 7th anniversary, you decided to pay the fees for years 8, 9 and 10 all at once, no further payment would be required until the annual fee for year 11 became due on the 10th anniversary.
Late Payments
After the renewal fee payment deadline has passed, in order to renew the patent, an additional late fee of $100 (AUD) is due for every full or incomplete month the fee is late. Late payment is possible for up to 6 months after the original renewal deadline. After the six month grace period has passed, the patent lapses, although it can be possible to submit further documentation in order to apply for an extension of time for renewal fee payment.
Online Payment Discounts
Australia encourages payment through their digital interface. RenewalsDesk uses this interface so the fees in the first (discounted) column are applicable if you are using the RenewalsDesk Self-Service tool.
Renewal Fee Schedule
Fees are listed in Australian Dollars.
Standard Patents:
| For Patent Year | Standard Patent: Online Payment |
|---|---|
| 5 | 300 |
| 6 | 315 |
| 7 | 345 |
| 8 | 380 |
| 9 | 420 |
| 10 | 465 |
| 11 | 540 |
| 12 | 645 |
| 13 | 780 |
| 14 | 945 |
| 15 | 1140 |
| 16 | 1385 |
| 17 | 1675 |
| 18 | 2010 |
| 19 | 2390 |
| 20 | 2815 |
| 21 (pharmaceutical patents only) | 4000 |
| 22 (pharmaceutical patents only) | 5000 |
| 23 (pharmaceutical patents only) | 6000 |
| 24 (pharmaceutical patents only) | 7000 |
| 25 (pharmaceutical patents only) | 8000 |
Innovation Patents:
| For Patent Year | Innovation Patent: Online Payment | Innovation Patent: Manual Payment |
|---|---|---|
| 3 | 110 | 160 |
| 4 | 110 | 160 |
| 5 | 110 | 160 |
| 6 | 220 | 270 |
| 7 | 220 | 270 |
| 8 | 220 | 270 |