A renewal fee must be paid to the Australian Patent Office (AUSPAT) each year to maintain a patent application and any granted patent in force thereafter. For a standard patent application or a standard patent, the first renewal fee is due four years from the filing date.
For example, if the filing date of a patent is 2012-12-06, you will only have to settle the renewal fee starting from 2016-12-06. Australia differs from the majority of other countries, as they work with a ‘postpaid’ model versus a ‘prepaid’. With reference to the example above, in most countries the 2016-12-06 would be considered the patent's 4th year, but in Australia this date is considered as the patent’s 3rd year.
In Australia, there are other types of intellectual property. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that they can be renewed through us.
Intellectual Property Type #1 - Australian Standard Patents
A standard patent provides you long-term protection and control over an invention. It lasts for up to 20 years from the filing date of your application (up to 25 years for pharmaceutical substances if certain criteria are met). For a standard patent application or standard patent, the first renewal fee is due four years from the filing date and is paid to the (AUSPAT). Thereafter, it needs to be paid annually in order to keep the protection.
Intellectual Property Type #2 - Australian Innovation Patents
An innovation patent lasts up to eight years and is designed to protect inventions which do not meet the inventive requirements, which is required for standard patents. It is a relatively quick and inexpensive way to obtain protection for your new device, substance, method or process. For an innovation patent application or innovation patent, the first renewal fee is due on the second anniversary of the filing date. With the second, and the last, renewal fee due on the seventh anniversary of the filing date.
Intellectual Property Type #3 - Australian Designs
An Australian design right can be registered for a maximum of 10 years. A design right will initially last for 5 years from the date of application. If you want to renew your design right to last longer than 5 years, you can do so. Keep in mind however, that you can only renew your design right once. If you choose not to renew your design right, it will cease once the initial 5-year period terminates. If you do decide to renew your design right registration it will cease after 10 years.
The patent renewal fee is paid every year for Standard Patents. For further clarification, please refer to the cost breakdown below.
Year-by-year Patent Renewal Fees at the Australian Patent Office
The patent renewal fees increase each year.
The first renewal fee is paid on the fourth anniversary of the filing date.
The payment window opens three months before the renewal fees are due. It is important to note that the renewal fees cannot be settled prior to this window opening.
Yes, it is possible to renew an Australian patent after its deadline. In Australia there is a 6-month grace period given whereby the maintenance fees can still be settled. However, when entering the grace period you will incur an additional fee of 100 AUD with each passing month. The maximum possible surcharge is 600 AUD. Failure to pay the fee paid during the grace period will lead to the patent being invalidated.
It is not mandatory to make use of a local agent or representative when renewing an Australian patent. AUSPAT allows transfer of the fees due into the account of the AUSPAT (both deposit and credit card payments are permitted).
In order to maintain an Australian patent, you can do so by paying for its renewal fees every year. By settling the maintenance fees annually, the patent is guaranteed to last for 20 years from the filing date (or up to 25 years for pharmaceuticals if certain criteria are met).
You can get in touch with the AUSPAT via email or phone;
Phone: (+61) 2 6283 2999