Patent Renewal Fees Australia
Australian Patent Annuities
|For Patent Year||Standard Patent: Online Payment||Standard Patent: Manual Payment
|For Patent Year||Innovation Patent: Online Payment||Innovation Patent: Manual Payment|
Fees are listed in Australian Dollars.
Maintaining Patents in Australia
RenewalsDesk offers an easy to use, online service for managing your patents – both those in Australia and other countries.
Check the dates of upcoming Australian patent renewals, get alerted and pay the patent renewal fees.
Find and add your Australian patents,
instantly see fees and due dates
Receive renewal reminders/
proposals by email
Pay RenewalsDesk in your currency by bank transfer or credit card
We make the payment to the Patent Office in Australia
Receive formal renewal
Repeats for each renewal
Australia Patent Renewal Rules
There are two types of patents in Australia – Standard and Innovation patents. Standard patents are regular patents which undergo formal examination, must pass full inventive step requirements, and last for the usual 20 years (if renewal fees are paid).
Innovation patents are less stringent in their requirements and can provide only up to 8 years of protection.
Our automated system works for Standard patents. We also pay Innovation patent renewals, but we will quote you manually on these. They are relatively rare, but if you do enter one into our system, we will be aware that it is an Innovation patent (from the patent application number) and we will be in touch to advise you of the estimated costs of renewal. Reminders issue in the usual way.
Online Payment Discounts
Australia encourages payment through their digital interface. RenewalsDesk uses this interface so the fees in the first (discounted) column are applicable if you are using the RenewalsDesk Self-Service tool.
Fees are due from the 4th anniversary of a standard patent’s filing date (for the year 5 payment as years must be paid for in advance), and every subsequent year thereafter. Under normal proceedings, patents can be renewed for up to 20 years after the filing date, however some exceptions exist: special extensions for certain pharmaceutical patents mean they can be renewed to remain in force for up to 25 years.
For innovation patents, renewals are due annually from the 2nd anniversary – for year 3 of the patent’s lifetime onwards.
Fees must be paid before grant in order to maintain an application, as well as after grant for the continuation of rights.
Renewal Dates & Payment Windows
The last payment date for each renewal fee is the anniversary filing date. Note that unlike some other countries, you do not have until the end of the month to make the payment – payments can be due any time of the month. For example, if a patent’s filing date is 18th November, then the renewal deadline is 18th November of each relevant year.
Payments for each year can be made any time up until the deadline. This extends to future years, so it is possible to make lump sum payments for a number of upcoming consecutive years. This results in the patent remaining in force with no further payment required until all previously-paid years have occurred. For example, if before the patents 7th anniversary, you decided to pay the fees for years 8, 9 and 10 all at once, no further payment would be required until the annual fee for year 11 became due on the 10th anniversary.
After the renewal fee payment deadline has passed, in order to renew the patent, an additional late fee of $100 (AUD) is due for every month (or part month) that the fee is late. Late payment is possible for up to 6 months after the original renewal deadline. After the six month grace period has passed, the patent lapses.