How to Renew a Patent in Australia?
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.
Renewal Fees by Intellectual Property Type
In Australia, there are three kinds of intellectual property types for which our company provides services to help you settle renewal fees.
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.