Patents | Australia | Renewal Requirements
National continuation | renewal fees are payable in Australia in order to keep the patent application alive or a granted patent in force, otherwise the application or patent will lapse or cease in due course.
The renewal requirements for the various types of patents are as follows.
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- Annual national continuation or renewal fees apply, the first due before the 4th anniversary of the filing date of the patent application and then due before every anniversary thereafter until the last which falls due before the 19th anniversary.
- Continuation / renewal fees can be paid up to a maximum 6 months after they fall due (the renewal grace period) but must be accompanied by an additional monthly late fee for each month, or part of a month after the due date.
- The actual lapsing of an application/patent does not occur until the expiry of this 6 month renewal grace period but the lapsing of the application is backdated to the date it was originally due.
- Please note there is a risk associated with late renewals and it is recommended that renewals are paid in good time before they fall due.
- The same renewal requirements, grace periods and late payment risks provided above for a standard patent also apply to a standard patent for a pharmaceutical substance.
- If an extension to the term of the patent is granted for pharmaceutical substance patent then annual renewal fees are payable up until before the 24th anniversary of the filing date of the patent.
- Annual national continuation or renewal fees apply, the first due before the 2nd anniversary of the filing date of the patent application and then due before every anniversary thereafter until the last which falls due before the 7th anniversary.
- Continuation / renewal fees can be paid up to a maximum 6 months after they fall due (the renewal grace period) but must be accompanied by an additional monthly late fee for each month, or part of a month after the due date.
- The actual lapsing of an application/patent does not occur until the expiry of this 6 month renewal grace period but the lapsing of the application is backdated to the date it was originally due.
- Please note there is a risk associated with late renewals and it is recommended that renewals are paid in good time before they fall due.
- The renewal time limits in the case of divisional patent applications is referable to the “date of the patent” and not the filing date of the divisional application. The “date of the patent” in the case of a divisional application is the filing date of the earliest parent application in the preceding chain of applications that led to the divisional.
- Annual national continuation or renewal fees apply in accordance of the type of patent sought by the divisional application.
- In the case of a divisional that is a standard patent then the same renewal requirements, grace periods and late payment risks provided above for a standard patent also apply to the divisional application except the renewal time limits are referable to the date of the patent and not the filing date of the divisional application.
- In the case of a divisional that is an innovation patent then the same renewal requirements, grace periods and late payment risks provided above for a innovation patent also apply to the divisional application except the renewal time limits are referable to the date of the patent and not the filing date of the divisional application.
- Before a patent of addition is granted the same renewal requirements, grace periods and late payment risks provided above for a standard patent also apply to application for a patent of addition, ie the application should be maintained like a normal standard patent by paying annual maintenance fees before the 4th filing anniversary of the parent.
- Once a patent of addition is granted, annual maintenance fees are not required on the patent of addition. However, once granted the parent application needs to be maintained for the patent of addition to remain in force.
- Once the parent patent ceases, so does the patent of addition.
| Standard Patent Max. 20 Years click here to show! |
Standard Patent | Max. 20 Years
Annual Fees
Late Renewal | Risks
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| Standard Patent Pharmaceutical Max. 25 Years click here to show! |
Standard Patent for a Pharmaceutical Substance | Maximum Term 25 Years
Renewal Requirements
Extension of Term
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| Innovation Patent | Maximum 8 Years click here to show! |
Innovation Patent | Maximum Term 8 Years
Annual Fees
Late Renewal | Risks
Need Help?
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| Divisional Application Standard or Innovation Patent click here to show! |
Divisional Application for a Standard or Innovation Patent
Date of Patent
Annual Fees
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| Patent of Addition click here to show! |
Patent of Addition
Before Grant of the Patent of Addition
After Grant of the Patent of Addition
Need Help?
If you need professional assistance to meet your requirements then book an appointment for a consultation or contact us now.
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