Act now to avoid IP Australia fee increases

IP Australia will implement a new fee structure from 1 October 2020, including increases in registration and renewal fees.

The fee and structure changes affect trademark, design, patent and plant breeder’s rights application and renewal fees. The changes, implemented by the Intellectual Property Laws Amendment (Fee Amounts and Other Measures) Regulations 2020, aim to support innovators by balancing IP Australia’s charges with costs of doing business while increasing flexibility and efficiency. You can find IP Australia’s in-depth overview of their changes here.

Trademarks 

Trademark application fees for standard trade marks and Madrid Import applications will increase to AUD 400.00 per class. Currently, IP Australia charges $330.00 per class for a standard application and $350.00 per class under a Madrid Import application. 

Patents

From 1 October 2020 there will be changes to patents excess claim fees. Fees will be split into two tiers with prices as follows: AUD 125.00 per excess claim from 20 up to 30 claims, and AUD 250.00 per excess claim greater than 30 claims.  Patent renewal fees will also increase.

Designs

New fee structures will be introduced allowing the possibility of multiple designs being filed in a single application.  The staged renewal fee structure under the old Act will be abolished, and an increase in the annual renewal fee introduced.

Plant Breeder’s Rights

PBR fees will increase in respect of both applications and renewals, and qualified person designations increased to a 3-year term with associated higher fee.

If you are considering filing for IP rights, now is the time to take advantage of the current fee scheme prior to the increase on 1 October 2020.  Our Intellectual Property Team will be happy to discuss any proposed applications.