IP Australia fees for patents, trademarks and designs will
change effective 1 July 2012
If you have IP1 rights in Australia, then you need to
be aware of recent changes as this may affect your budgeting and
timing of renewal fee payments.
Specifically, IP Australia has recently announced fee changes
for patents, trademarks and designs. In particular, renewal fees
will be changing with the cost increase coming into force on 1 July
Our Renewals team have put in some procedures to
ensure that the changes cause as little disruption as
First, renewal notices already issued will be resent with the
revised costs shortly.
However, the biggest change is the introduction of a
4th year annuity2 for
patent3 applications. As from 1 July 2012, an annuity
will be payable for any patent application4 filed on or
after 1 July 2008. This is a new fee as the first annuity was
previously not paid until the 5th anniversary.
Some of you have been advised by us as towhen a
first annuity date was required. Unfortunately for
some, these changes have meant that date is now the date of the
second annuity and unfortunately payment of an
earlier first annuity will now be required. We are
in the process of sending notices on those cases specifically
impacted with this new fee.
1Refers to the ownership of an intangible
thing - the innovative idea behind a new technology, product,
process, design or plant variety, and other intangibles such as
trade secrets, goodwill and reputation, and trade marks. Although
intangible, the law recognises intellectual property as a form of
property which can be sold, licensed, damaged or
trespassed upon. Intellectual property encompasses
patents, designs, trade marks and copyright. 2See Renewal fees. 3A proprietary right in an invention which
provides the owner with an exclusive right for up to 20
years to make, sell, use or import the invention. In exchange for
this monopoly the patent is published so
that others can see how the invention works and build on that
knowledge. The patented invention may also be used by the public
once the patent lapses. 4In most jurisdictions patent applications are subjected
to an examination process to determine whether the subject
matter is novel and inventive. The terms
"application", "pending" or "patent
application" are used to describe the status of the
application up to grant.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
James and Wells is the 2010 New Zealand Law Awards winner of
the Intellectual Property Law Award for excellence in client
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