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: special extensions for certain pharmaceutical patents mean they 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 month (or part month) that 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.