Everything you need to know about paying your patent renewal fees in Australia

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.

Written and Edited by Kumari Rupali Bansal & Christina Botes

Patent Renewal Fee Intervals in Australia

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;

Patent Year Official renewal fee for patent (AUD)
1
2
3
4 300
5 315
6 335
7 360
8 390
9 425
10 490
11 585
12 710
13 865
14 1050
15 1280
16 1555
17 1875
18 2240
19 2650
20 4000
21 5000
22 6000
23 7000
24 8000
Patent Year
Official renewal fee for patent (EUR)
3
490
4
610
5
1090
6
1210
7
1330
8
1450
9
1640
10
1640
11
1640
12
1640
13
1640
14
1640
15
1640
16
1640
17
1640
18
1640
19
1640
20
1640

Australia patent renewal fees FAQ

When is the first patent renewal fee due in Australia?‍

The first renewal fee is paid on the fourth anniversary of the filing date.

What are the due dates and payment windows?‍

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.

Can I renew a patent after I miss a renewal deadline?

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.

Do I need assistance from the local council?‍

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).

How long do patents last in Australia?‍

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).

How can I contact the Australian Patent Office?‍

You can get in touch with the AUSPAT via email or phone;

Email: patentsearch.feedback@ipaustralia.gov.au      

Phone: (+61) 2 6283 2999

Where can I search for Australian Patents?

For more information on the renewal process in Australia, you can visit the link to their official website. You can also search for patents here.

Let us handle your patent renewal fees in Australia

PatentRenewal.com helps you manage your patent renewals in order for you to;

• Save on average $200-$500 per patent per year

• Outsource the responsibility, in-source the insights

•  Experience how easy patent renewals can be

We respect your privacy and do not tolerate spam and will never sell, rent, lease or give away your information to any third party. Nor will we send you unsolicited emails.
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