Tthe first renewal fee payment for a Standard Australian Patent or application generally falls due at the fourth anniversary of the date of filing of the Complete Specification. Renewal fees are then due annually for the term of the patent which
expires twenty (20) years from the date of filing of the Complete Specification.
The time for renewing a Standard Divisional Application stems from the date of filing
of the "parent" application, or the first application in the preceding chain of
Petty Patents remain in force for an initial period of twelve (12) months from the date
of sealing. To be entitled to the maximum term of six (6) years from the date of
filing, a request for an "extension of term" must be filed within eleven (11)
months of sealing.
Divisional Petty Patents have a maximum term of six (6) years from the date of filing
of the parent or grand parent application.
No renewal fee is payable in respect of a Patent of Addition, which automatically
remains in force for the remaining term of its "parent". The status of the
parent case will affect the Patent of Addition. A Patent of Addition can therefore
become an independent patent and renewal fees fall due when the parent fees would have
An extension of term of five (5) years is available in certain circumstances for patent
claims directed to a pharmaceutical substance.
For the soon-to-be introduced Innovation Patent system, see our Newsletter.
A grace period of six (6) months is provided for late payment of renewal fees.
However, monthly fees are payable. Patentees and applicants are advised that there
is a risk associated with reliance on this provision.