IP Australia confirms patent and trade mark fee changes

Article written by: Tim JacksonRachel McDonald    |   Wednesday 31st August 2016

IP Australia has confirmed changes to its official administration fees for patents, trade marks, designs and plant breeder's rights with the signing of the Intellectual Property Legislation Amendment (Fee review) Regulation 2016 on 17 August 2016. The new fees will take effect from 10 October 2016. 

Some notable changes include the lower up-front cost for trade mark registration offset by an increase in renewal fees. For Australian patents, there will be an over 50% reduction in the international type search fee (available if a related Australian provisional patent application has been filed).

These new changes will come into effect from 12am AEDT, 10 October 2016. Changes to Madrid import application and import renewal fees will apply from 12am AEDT, 28 October 2016. 

We have summarised the changes below. Read here for the full press release from IP Australia. 


Patents

International type search

IP Australia aims to support small business through reducing the international type search fee.

Fee type Current New
International type search  AU$2,200 AU$950

 

Patent renewals

The renewal fees paid for years 10 to 24 will increase by approximately 11%. The renewal fees for years 4 to 9 will not change. These increases address increasing patent expenses.

If you have an upcoming renewal fee, we suggest you pay this before 10 October 2016.

Renewal fee date Current New
4th - 9th anniversaries AU$300 AU$300
10th -14th anniversaries AU$500 AU$550
15th - 19th anniversaries AU$1120 AU$1250
20th - 24th anniversaries AU$2300 AU$2550


Some fees relating to patent oppositions will also be removed and the various fees for provision of documents have been replaced with 2 standard fees. These changes are intended  to simplify the fee structure and are consistent with Australian Government red-tape reduction intiatives.

 

Trade marks

Registration

Currently there are two official fees paid when registering a trade mark in Australia.  The first upon filing, and the second to allow registration to issue.  Applications filed after 7 October will no longer be required to pay the second registration fee.  The filing fee has not changed.   

Fee type Current New
Trade mark registration AU$300 No fee

 

Trade mark renewals

Renewal fee Current New
Trade mark renewal (per class) - online AU$300 AU$400
Trade mark renewal (per class) - other means AU$350 AU$450
Madrid import renewal - per class AU$300 AU$400


Trade mark renewal fees will increase by approximately 30%. If you have an upcoming renewal fee, we suggest you pay this before 10 October 2016.


Other changes

Designs will see changes to opposition fees including an increase of AU$50 for filing a notice of opposition and no fee for requesting the Registrar to exercise discretionary powers. In addition, the various fees for provision of documents have been replaced with 2 standard fees. Plant Breeder's Rights will have altered requirements to qualify for discounted examination as well as small changes in fees. 

 

If you have any questions about your Australian intellectual property and how your registered rights will be affected by these changes, please contact a Baldwins representative. 

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