Renewal Requirements | Patents | Australia

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.


Types of Patents and Applications

In Australia we have the following types of patents:

– Standard Patent | renewal requirements |

– Standard Patent for a Pharmaceutical Substance | renewal requirements |

– Innovation Patent | renewal requirements |

– Divisional Application for a Standard or Innovation Patent | renewal requirements |

– Patent of Addition | renewal requirements |


Standard Patent | Maximum Term 20 Years

Annual Fees

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.


Late Renewal and Risks

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 good time before they fall due.


Standard Patent for a Pharmaceutical Substance | Maximum Term 25 Years When Extended

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.


Extension of Term

If an extension to the term of the patent (extension to a maximum term of 25 years) is sought and granted because the relevant patent is for a pharmaceutical substance then annual renewal fees are payable up until before the 24th anniversary of the filing date of the patent.


Innovation Patent | Maximum Term 8 Years

Annual Fees

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.


Late Renewal and Risks

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 good time before they fall due.


Divisional Patent Application for a Standard or Innovation Patent

Date of Patent

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 Fees

Annual national continuation or renewal fees apply in accordance of the type of patent sought by the divisional application.


If a standard patent is sought 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.


If an innovation patent is sought 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.


Patent of Addition | Maximum Term Is Contingent on the Term of the Live Parent

Before Grant of the Patent of Addition

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.


After Grant of the Patent Addition

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.


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Intellectual Property Lawyers \ Patent & Trade Mark Attorneys


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