How to renew a patent in Australia?

In this article you will find information on:
  • When patent renewal fees are due
  • The renewal fee amount and currency
  • Details on other types of intellectual property valid in the jurisdiction
  • FAQ related to the renewal process

Region

Due dates

Renewal fees in Australia must be paid by certain dates. In this section you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.

The first annuity is paid 4 years from the date of filing to the IP Australia. This annuity must be paid regardless of whether the patent has been granted or not.

For example, if the filing date of a patent is 2018-03-19, then the first annuity must be paid by 2022-03-19.

After the first annuity has been paid, all subsequent annuities must be paid annually on the anniversary of the filing date. The due date should be the month and date corresponding to the filing date.

For example, if the filing date was on November 9, then all subsequent annuities will be due on November 9 each year.

Other intellectual property types

In Australia, there are other types of intellectual property besides patents. These include Utility Models and Designs.

We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.

Australia

Australia

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Patent search in
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Australia
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+(61) 2 6283 2999
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patentsearch.feedback@ipaustralia.gov.au

Renewal fee factors:

Patent renewal fee intervals in

the

Australia

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
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 1 050
15 1 280
16 1 555
17 1 875
18 2 240
19 2 650
20 4 000

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Australia Patent Renewal Fees FAQ

1.

What happens to an Australian patent before it has been granted?

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Renewal fees must be paid in Australia regardless of whether the patent is granted or not. You can find the rules for calculating the renewal due dates above in the Due Dates section.

2.

When can I pay the renewal fee in Australia?

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The renewal fee in Australia can be paid up to 3 months before the renewal due date. It is important to note that the renewal fee cannot be paid earlier than this. Any payments made before the opening of the payment window will result in the payment being rejected.

3.

Can I renew a patent after I miss a renewal due date?

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Yes, it is possible to renew an Australian patent 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 patent, both the renewal fee and the surcharge fee will have to be settled.

For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent 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 patent lapsing.

4.

Do I need assistance from local representation to renew a patent in Australia?

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No, local representation is not necessary in order to carry out a renewal in Australia. Anyone can renew a patent in Australia if they submit the payment in accordance with the national regulations.

5.

How long do patents last in Australia?

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A patent will stay in force for 20 years in Australia from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.