Recently, IP Australia officially released the Cost Recovery Implementation Statement 2024-25, announcing fee changes concerning design, trademark, patent, plant breeder’s right, and Trans-Tasman IP Attorney, which are to be implemented on 1 October 2024, at 12am AEST. Following is the summary of fee[1] changes including design, patent, and trademark, with increases (red) and decreases (green) marked out.
l Design
Description of fee | Old amount | New amount |
Changes to designs application fees |
Application for one design |
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· filing by preferred means[2] | $250 | $200 |
· filing by another approved means | $450 | $400 |
Application for several designs, filing by preferred means |
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· first design identified in the application | $250 | $200 |
· each additional design identified in the application | $200 | $150 |
Application for several designs, filing by another approved means |
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· first design identified in the application | $450 | $400 |
· each additional design identified in the application | $400 | $350 |
Request to amend design application to identify further design |
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· if the design application was filed by preferred means – for each further design identified | $250 | $200 |
· if the design application was filed by another approved means – for each further design identified | $450 | $400 |
Application by the Australian Olympic Committee to register an Olympic design under the Olympic Insignia Protection Act 1987 | $450 | $400 |
Changes to design examination fees |
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Request for examination of registered design – made by registered owner | $420 | $500 |
Request for examination of registered design – made by third party |
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· amount payable by third party | $210 | $250 |
· amount payable by registered owner | $210 | $250 |
l Patent
Description of fee | Old amount | New amount |
Changes to international patents fees |
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Fee for transmitting international application under the Patent Cooperation Treaty (‘PCT’) | $200 | Repealed |
Changes to patent application fees |
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Provisional patent application (‘provisional application’) |
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· filing by preferred means | $110 | $100 |
· filing by another approved means | $210 | $200 |
Innovation patent application |
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· filing by preferred means | $180 | $200 |
· filing by another approved means | $380 | $400 |
Standard patent application (‘standard application’) |
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· filing by preferred means | $370 | $400 |
· filing by another approved means | $570 | $600 |
Entry of PCT application into national phase |
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· paying fee by preferred means | $370 | $400 |
· paying fee by another approved means | $570 | $600 |
Changes to patent examination and acceptance fees |
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Asking Commissioner to direct patent applicant to request examination of a standard application | $100 | $150 |
Request for examination of a standard application – if the Patent Office conducted international preliminary examination on it | $300 | $350 |
Request for examination of standard applications in other cases | $490 | $550 |
Request for examination of innovation patent – made by patentee | $500 | $550 |
Request for examination of innovation patent – made by third party |
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· amount payable by third party | $250 | $275 |
· amount payable by patentee | $250 | $275 |
Description of fee | Old amount | New amount |
Excess claims at first report — if there are more than 20 potential claims in relation to the examined complete specification: | New fee |
· for each of the 21st to the 30th potential claims | NA | $125 |
· for each potential claim in excess of 30 potential claims | NA | $250 |
Acceptance of a standard application: |
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· minimum payable in all cases | $250 | $300 |
· additional amount for excess claims in the complete specification at acceptance |
| Replaced by new adjusting amount for added potential claims |
-for each of the 21st to the 30th claims (if any) | $125 |
-for each claim in excess of 30 claims (if any) | $250 |
· adjusting amount for potential claims added between first report and acceptance – if the maximum number of potential claims in relation to the complete specification exceeds 20 potential claims | New amount |
-for each of the 21st to the 30th potential claims added (if any) | NA | $125 |
-for each potential claim in excess of 30 potential claims added (if any) | NA | $250 |
Changes to continuation fees for standard applications and renewal fees for standard patents |
Sixth anniversary, fee paid by preferred means | $335 | $345 |
Sixth anniversary, fee paid by another approved means | $385 | $395 |
Seventh anniversary, fee paid by preferred means | $360 | $380 |
Seventh anniversary, fee paid by another approved means | $410 | $430 |
Eighth anniversary, fee paid by preferred means | $390 | $420 |
Eighth anniversary, fee paid by another approved means | $440 | $470 |
Ninth anniversary, fee paid by preferred means | $425 | $465 |
Ninth anniversary, fee paid by another approved means | $475 | $515 |
Tenth anniversary, fee paid by preferred means | $490 | $540 |
Tenth anniversary, fee paid by another approved means | $540 | $590 |
Eleventh anniversary, fee paid by preferred means | $585 | $645 |
Eleventh anniversary, fee paid by another approved means | $635 | $695 |
Twelfth anniversary, fee paid by preferred means | $710 | $780 |
Twelfth anniversary, fee paid by another approved means | $760 | $830 |
Thirteenth anniversary, fee paid by preferred means | $865 | $945 |
Thirteenth anniversary, fee paid by another approved means | $915 | $995 |
Description of fee | Old amount | New amount |
Fourteenth anniversary, fee paid by preferred means | $1,050 | $1,140 |
Fourteenth anniversary, fee paid by another approved means | $1,100 | $1,190 |
Fifteenth anniversary, fee paid by preferred means | $1,280 | $1,385 |
Fifteenth anniversary, fee paid by another approved means | $1,330 | $1,435 |
Sixteenth anniversary, fee paid by preferred means | $1,555 | $1,675 |
Sixteenth anniversary, fee paid by another approved means | $1,605 | $1,725 |
Seventeenth anniversary, fee paid by preferred means | $1,875 | $2,010 |
Seventeenth anniversary, fee paid by another approved means | $1,925 | $2,060 |
Eighteenth anniversary, fee paid by preferred means | $2,240 | $2,390 |
Eighteenth anniversary, fee paid by another approved means | $2,290 | $2,440 |
Nineteenth anniversary, fee paid by preferred means | $2,650 | $2,815 |
Nineteenth anniversary, fee paid by another approved means | $2,700 | $2,865 |
Change to general fees |
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Requesting an international-type search of a provisional application | $950 | $1,100 |
Preliminary search and opinion on a standard application | $950 | $1,100 |
Search of a standard application during its examination | $950 | $1,100 |
Requesting conversion of an innovation application into a standard application | $190 | $220 |
Filing an application or request for the Commissioner of Patents (‘Commissioner’) to: · determine how an application is to proceed, if there is a dispute between joint applicants · declare who is an eligible person in relation to an invention · give directions to co-owners on dealing with a patent or interest in it · declare a person’s entitlement to a patent or a share in a patent, as a preliminary to rectifying the Register of Patents. | $600 | $1,200 |
Filing notice of opposition | $600 | $1,200 |
Requesting a hearing by the Commissioner | $600 | $1,200 |
Appearing and being heard at an oral hearing – for each day or part day | $1,000 | $2,000 |
Being heard by written submissions only | $600 | $1,200 |
Applying for extension of term of a pharmaceutical patent | $2,000 | $2,500 |
l Trademark
Description of fee | Old amount | New amount |
Filing a statement of grounds and particulars (SGP) in an opposition to registration of a trade mark, or in an opposition to extension of protection to an IRDA: | New fee |
· for each of the fourth and further grounds (if any) | NA | $250 |
· for each of the 11th and further registered or protected trademarks that the opposed trade mark is claimed to be substantially identical with, or deceptively similar to (if any) | NA | $250 |
Requesting amendment of an SGP filed in an opposition to registration of a trade mark, or in an opposition to extension of protection to an IRDA: | New fee |
· for a ground proposed to be added – if that ground would be the fourth or further ground in the SGP | NA | $250 |
· for a registered or protected trade mark proposed to be added – if that trade mark would be the 11th or further trade mark that the opposed trade mark is be claimed to be substantially identical with, or deceptively similar to | NA | $250 |
Applying for: · removal of a trade mark from the Register of Trade Marks for non- use · cessation of protection of a protected international trade mark for non-use | $250 | $350 |
Requesting a hearing by the Registrar of Trade Marks | $400 | Repealed |
Being heard by written submissions only | $400 | $500 |
Oral hearing by remote appearance – for each day or part day (for example, by videoconference) | $600 | $700 |
Oral hearing in person – for each day or part day | $800 | $700 |
Late filing of evidence in opposition proceedings | New Fee | $500 |
l Conclusion
1. It is easily recognizable that the overall fee changes are increasing, especially for patent.
2. The largest percentage increase concentrates on the general fees of patent relating to opposition and hearing, with the percentage increase up to 100%.
3. There are new fees to be charged, mainly for patent applications with more than 20 claims, and trademark opposition.
4. Design application fees witness a delightfully decrease of an average amount of 50 Australian dollars.
Information source:
https://www.ipaustralia.gov.au/about-us/accountability-and-reporting/fee-review-2023-24
[1] Fees in this text are counted in Australian dollars.
[2] The Commissioner and Registrars are empowered to determine the preferred means for filing and fee payments.
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