Australian standard patents have a maximum term of 20 years from the filing date. Renewal fees are required annually, starting from the 5th anniversary of the filing date. Fees must be paid on or before the anniversary date each year.
Australia's Innovation Patent system (similar to a utility model) is being phased out. New applications are no longer accepted after August 25, 2021. Existing innovation patents will continue until their maximum 8-year term expires.
Example: For a patent filed on July 1, 2020, the renewal fee for the 5th year is due by July 1, 2025.
| Patent Year (from filing date) | Standard Fee (AUD) | Payment Deadline |
|---|---|---|
| Year 5 | $330 | On the 4th anniversary of the filing date |
| Year 6 | $410 | On the 5th anniversary |
| Year 7 | $490 | On the 6th anniversary |
| Year 8 | $570 | On the 7th anniversary |
| Year 9 | $650 | On the 8th anniversary |
| Year 10 | $730 | On the 9th anniversary |
| Year 11 | $810 | On the 10th anniversary |
| Year 12 | $890 | On the 11th anniversary |
| Year 13 | $970 | On the 12th anniversary |
| Year 14 | $1,050 | On the 13th anniversary |
| Year 15 | $1,130 | On the 14th anniversary |
| Year 16 | $1,210 | On the 15th anniversary |
| Year 17 | $1,290 | On the 16th anniversary |
| Year 18 | $1,370 | On the 17th anniversary |
| Year 19 | $1,450 | On the 18th anniversary |
| Year 20 | $1,530 | On the 19th anniversary |
Total renewal fees for 20 years (Years 5-20): $15,300 AUD
1. Grace Period: A six-month grace period is available for late payment upon payment of a significant late fee.
2. Patent Term Extension (PTE): For pharmaceutical patents, an extension of up to 5 years may be available, requiring a separate application.
3. Divisional Applications: Renewal due dates for divisionals are based on the parent application's filing date.
As noted, the Innovation Patent system is closed to new applications. For reference, renewal fees for existing rights were due annually from the 2nd year for a maximum term of 8 years.
| Protection Year | Final Standard Fee (AUD) | Status |
|---|---|---|
| Year 2 | $110 | System Closed. No new applications accepted after Aug 25, 2021. Existing patents run full term. |
| Year 3 | $110 | |
| Year 4 | $220 | |
| Year 5 | $220 | |
| Year 6 | $330 | |
| Year 7 | $330 | |
| Year 8 | $440 |
Businesses should now consider filing a Standard Patent or explore alternative strategies for protecting incremental innovations.
Australian registered designs have an initial term of 5 years from the filing date, which can be renewed for a further 5 years, and then a final 5 years, for a maximum total term of 15 years. Renewal fees are due in 5-year blocks.
| Protection Period | Renewal Fee (AUD) | Payment Window |
|---|---|---|
| Years 1 - 5 | Included in initial registration fee | No renewal needed |
| Years 6 - 10 | $320 | Within 6 months before the 5th anniversary |
| Years 11 - 15 | $420 | Within 6 months before the 10th anniversary |
Total renewal fees for 15 years (Years 6-15): $740 AUD
1. Single Lump Sum: Each renewal fee is a single payment covering the entire upcoming 5-year period.
2. Strict Deadline & Grace Period: Pay during the 6-month window before expiry. A 6-month grace period after expiry is available with a late fee.
3. Examination Required for Enforcement: A design must be formally examined and certified before it can be legally enforced.
1. Mark the Filing Anniversary for Patents: Standard patent renewal fees are due on the exact filing date anniversary from Year 5.
2. Plan for Block Payments (Designs): Diarise the pre-expiry 6-month window for the 5th and 10th anniversaries for designs.
3. Consider the Phase-Out of Innovation Patents: Do not plan new projects around the Innovation Patent system.
4. Factor in Examination for Designs: Budget for and request examination well before any potential enforcement action.
5. Use IP Australia's Online Services: Use the AusPat and eServices portals for checks and payments.
Disclaimer: The fees listed are based on IP Australia's fee schedule applicable as of the 2024-25 financial year. Fees in AUD are subject to change and are typically adjusted annually. This information is for guidance only. Always verify the latest official rates, rules, and payment windows on the IP Australia website before making payments.
