New Changes to IP Australia Patent Fees

A patent is a right that is granted for any device, substance, method or process that is new, inventive and useful. A standard patent can last up to 20 years if all renewal fees are paid, while pharmaceutical patents can last up to 25 years if all renewal fees are paid. 

IP Australia recently announced that it is updating some of their Australian Patent Fees, commencing from 12am AEST, 1 October 2020. This article outlines the notable changes to these fees.  

Payments Made by Another Means

IP Australia is increasing fees for a number of payments that are made by “another means” such as by paper and fax, rather than the using the “preferred means”, being via online electronic payment. This is to deter people from making applications by “another means”.

Changes to Excess Claim Fees

Excess claim fees have increased. These are fees for each claim over and above 20 claims. Most Australian Patent Attorneys draft with a view that each claim over 20 incurs an additional fee. This is not always the case if your patent applications are being drafted overseas. Many overseas applications originate from countries where:

• there are either no excess claim fees; or 
• very small excess claim fees;

resulting in the application containing far more than 20 claims. As such, it is important to assess a patent application before acceptance and, if applicable, reduce the claim set to ensure that unnecessary excess claim fees are not incurred. 

Changes to Standard Renewal Fees

Standard patent renewal fees will be increased from 12am AEST, 1 October 2020. As such, if it is possible, it is beneficial to pay renewal fees before the 12am AEST, 1 October 2020 deadline to ensure you benefit from the current fees, rather than paying the increased fees. 

Key Fee Increases

A comprehensive list of all patent fee changes is available here.