IP Australia recently announced significant increases to its official fees with effect from Thursday, 1 October 2020. These increases follow a 2019 review of the current fee structure and a public consultation by IP Australia and their purpose is to ensure that IP Australia can continue to recover its costs in administering intellectual property rights in Australia. These increases in official fees follow the relatively recent 2016 increase in IP Australia Official Fees. However they are being introduced with far less notice than the previous changes.
To view the full list of fee amendments, please click here. The key fee-incurring items affected by the increase are as follows:
- Trade Mark Applications
- For a standard trade mark application lodged electronically fees increase by $70 from $330 to $400 per Class.
- For a series trade mark application lodged electronically fees increase by $70 from $480 to $550 per Class.
- Fees for trade mark hearings now include a new fee of $800 per day for appearing in person or $600 per day for appearing by telephone or video conference (in each case less the hearing request fee).
Given the significant increase in official filing fees for a new trade mark application and the very limited notice for the introduction of this increase, we strongly recommend reviewing your short-to-medium term branding needs and taking advantage of the current reduced fees by filing any new trade mark application before 1 October 2020.
- Patent Renewals
From 1 October 2020, Official Fees for Patent Renewals from the 5th anniversary of the grant of letters patent onwards have been amended so that they rise each year at an increasing rate, rather than at the current stepped-fee calculation rate.
For example, Standard Patent Official Fees for a renewal lodged electronically will be, as follows:
- 5th year, increased: from $300 to $315;
- 6th year, increased: from $300 to $335;
- 7th year, increased: from $300 to $360;
- 8th year, increased: from $300 to $390;
- 9th year, increased: from $300 to $425;
- 10th year, decreased: from $550 to $490;
- 11th year, increased: from $550 to $585;
- 12th year, increased: from $550 to $710;
- 13th year, increased: from $550 to $865;
- 14th year, increased: from $550 to $1050;
- 15th year, increased: from $1250 to $1280;
- 16th year, increased: from $1250 to $1555;
- 17th year, increased: from $1250 to $1875;
- 18th year, increased: from $1250 to $2240;
- 19th year, increased: from $1250 to $2650.
- Expedited Post
IP Australia has introduced a new option for forwarding urgent documents by expedited Post, such as a certified copy of a Certificate of Registration or Application which may be required for an overseas filing. Such request now incurs an official fee of $20.
For further information or assistance regarding the above, or any concerns you may have regarding your Intellectual Property needs, please contact our Intellectual Property specialist, Annick Vincent. Annick has over 30 years’ experience advising in all areas of intellectual property law in Australia and overseas and has particular expertise in registration and enforcement of intellectual property rights and brand management strategies.
This article was co-written by Lawyer, Laura Bain.
This article is not legal advice. It is intended to provide commentary and general information only. Access to this article does not entitle you to rely on it as legal advice. You should obtain formal legal advice specific to your own situation. Please contact us if you require advice on matters covered by this article.