Recently, IP Australia released the draft Cost Statement 2024-2025 (CRIS). The fees for invention, design application and trademark registration in Australia will increase to a certain extent, and the new official fee standards will take effect in October 2024.
Major changes:
- Patent application and examination fees will increase by around 10%.
- All fees associated with patent oppositions and hearings will be doubled.
- The claim surcharge for claims exceeding 20 will be paid when the substantive examination request is filed, while the current claim surcharge is generally paid at the grant stage. According to the revised rules, if the number of claims is reduced before the first examination opinion is issued, the claim surcharge will be based on the number of claims in the examination opinion report. If the claim surcharge is paid after the first examination opinion and the number of claims will increase, the claim surcharge at the time of grant will be charged based on the maximum number of claims during the substantive examination period.
- The application fee for industrial designs will be reduced, while the cost of substantive examination after grant will be increased.
- Fees for trademark cancellation requests will increase.
- The number of reasons raised in trademark objection requests exceeds the first three.
name | Current Fees （AUD） | New fee standards in the future （AUD） |
invention | ||
| Application Fee | 370.00 | 400.00 |
| PCT national phase entry in Australia | 370.00 | 400.00 |
| Substantive examination fee | 490.00 | 550.00 |
| Claims fee, item 21 to 30, each (examination stage) | 125.00 | |
| Additional claim fee, starting from the 31st claim, for each claim (examination stage) | 250.00 | |
| Authorization Fee | 250.00 | 300.00 |
| Objection filing fee | 600.00 | 1200.00 |
| Hearing Fees | 600.00 | 1200.00 |
| Attendance at a hearing | 1000.00 | 2000.00 |
Design | ||
| Application Fee | 250.00 | 200.00 |
| Application surcharge, additional design | 200.00 | 150.00 |
| Substantive examination fee, request for substantive examination by the right holder (optional) | 420.00 | 500.00 |
| Substantive examination fee, request for substantive examination by a third party (optional) | 210.00 | 250.00 |
trademark | ||
| Trademark non-use cancellation request | 250.00 | 400.00 |
| Trademark Hearing Initiated by Submitting Written Comments | 400.00 | 500.00 |
| Trademark Oral Examination | -- | 700.00 |
| Trademark oral examination surcharge | -- | 700.00 |
| Trademark opposition request, more than 3 grounds, each ground | -- | 250.00 |
| Request a hearing | 400.00 | -- |
The following are some scenarios regarding claim fees:
- No rights claim surcharge:
- 20 claims or less when a request for substantive examination is filed, or
More than 20 claims, but the number of claims is revised to less than 20 before the first examination opinion is issued
In this case, when the first examination opinion is issued, no claim surcharge is required; if there are only 20 claims or less during the entire examination process, no claim surcharge is required at the time of authorization.
- Claims surcharge upon grant:
- If the number of claims exceeds 20 during the examination period, or is less than 20 before the first office action is issued; or
The claim fee was paid after the first examination opinion was issued
The Australian Patent Office will charge a claims fee based on the maximum number of claims received during the entire substantive examination period.
This amendment will affect all Australian invention patent applications filed for substantive examination after October 1, 2024. If a patent applicant wishes to receive an examination opinion from the Australian Patent Office on a pending application containing more than 20 claims, we recommend that a request for substantive examination be filed before September 30, 2024.
The Australian Patent Office will send a notice to the applicant six months before the start of substantive examination, so that the applicant has sufficient time to propose active amendments to reduce the number of claims before the first examination opinion is issued. Since the claim fee is charged according to the maximum number of claims during the substantive examination, even if the number of claims is reduced to less than 20 before authorization, the claim fee payable at the time of authorization will not be reduced.
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