Patents | Australia | Renewal Requirements

Annual Fees

• national annual continuation or renewal fees (maintenance fees) apply;
• the first maintenance fees is 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 Renewals & Risks

• maintenance fees can be paid late up to a maximum 6 months after they fall due during the available renewal grace period;
• maintenance fees paid late during the renewal grace period must be accompanied by an additional monthly late fee for each month, or part of a month after the due date;
• please note there is a prejudicial risk associated with late renewals and it is recommended that renewals are paid in good time before they fall due.

Renewal requirements

The same renewal requirements, grace periods and late payment risks that apply to a standard patent also apply to a standard patent for a pharmaceutical substance; plus:

Extension of Term

• If an extension to the term of the patent is granted for a pharmaceutical substance patent then annual renewal fees are payable up until before the 24th anniversary of the filing date of the patent.

The renewal fee dates of a patent granted from a divisional application is referable to the 'date of the patent' and not the filing date of the divisional application.

Date of Patent

• 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

• national annual continuation or renewal fees (maintenance fees) apply to a divisional application;
• the same renewal requirements, grace periods and late payment risks that apply to a standard patent also apply to a divisional application / patent except the renewal time limits are referable to the date of the patent and not the filing date of the divisional application.

Before Grant of the Patent of Addition

• Before a patent of addition is granted the same renewal requirements, grace periods and late payment risks that apply to a standard patent also apply to application for a patent of addition;
• The patent of addition application should be maintained like a standard patent by paying the 1st annual maintenance fee before the 4th filing anniversary of the parent patent.

After Grant of the Patent of Addition

• Once a patent of addition is granted, annual maintenance fees are no longer required for the patent of addition itself. However, the parent patent needs to be maintained in force for the patent of addition to remain in force;
• If the parent patent ceases for any reason, the patent of addition also ceases.