Design renewal fees in Australia: costs, due dates and grace period
A registered design in Australia lasts up to 10 years from the filing date. It can be renewed once, before the end of year 5. Miss the deadline and you have 6 months to put it right, with a late fee of AUD 100 per month or part, up to AUD 600.
What are the design renewal due dates in Australia?
Australia protects a registered design for up to 10 years from the filing date. Renewal falls due once, after 5 years.
The renewal falls due before the end of year 5, payable to IP Australia. It carries the design into year 6.
For example, if the filing date is 2015-03-15, the renewal is due by 2020-03-15.
There is only one renewal, which takes the design to the 10-year maximum. There is no extension beyond it.
For example, protection can be kept alive until 2025-03-15, after which no further renewal is possible.
Australia is not a member of the Hague System. There is no international design route into Australia: a design must be registered directly with IP Australia, and every renewal fee is paid to IP Australia rather than to WIPO.
A design registered here can be kept alive for at most 10 years. It can be renewed once, by 15 Mar 2020. Miss the deadline and you have 6 months to put it right with a late fee, until 15 Sep 2020 in this example.
Official design renewal fees by year in Australia
Official fees payable to IP Australia, in AUD. Renewal falls due once, after 5 years, to keep the design alive for the full 10 years.
| Renewal | Official fee (AUD) |
|---|---|
| Year 6 | 400 |
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Missed a design renewal deadline in Australia?
A six-month grace period runs from the renewal due date. You can still renew inside it, with a late fee of AUD 100 for each month or part of a month, up to AUD 600. A design can be renewed only once, at the end of year 5, which takes it to the 10-year maximum. The renewal fee is AUD 400 online or AUD 450 by other means. Once the grace period closes, the design lapses.
If the renewal due on 15 Mar 2020 is missed, the design stays recoverable for 6 months, until about 15 Sep 2020 in this example.
Design renewal fees in other jurisdictions
The same schedule, deadlines and grace rules, in the jurisdictions we are asked about most.
Looking for a different jurisdiction?
Design renewal fees and deadlines in every jurisdiction we cover.
Other IP renewals in Australia
Designs aren't the only rights that lapse without renewal. Australia also protects patents and trademarks. Each on its own schedule and fee scale.
Patents
Renewal deadlines, grace periods and official fees for patents in Australia.
Trademarks
Renewal terms and official fees for trademarks in Australia.
What happens to an Australian design before it has been registered?
Renewal fees must be paid in Australia regardless of whether the design is registered or not. You can find the rules for calculating the renewal due dates above in the Due Dates section.
When can I pay the renewal fee in Australia?
The renewal fee in Australia can be paid at any time before the renewal due date. Technically, all annuities can be paid at the same time, meaning that you will only have to pay one, large sum of renewal fee.
Can I renew a registered design after I miss a renewal due date?
Yes, it is possible to renew an Australian registered design after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the registered design, both the renewal fee and the surcharge fee will have to be settled. For example, if a registered design has a renewal due date of 2021-05-31 and the due date is missed, the registered design will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the registered design lapsing.
How long do registered designs last in Australia?
A registered design will stay in force for 10 years in Australia from the filing date if successfully renewed. Failure to pay the renewal fees will result in the registered design lapsing.
Design renewal FAQ
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