IP Australia recently published its summary of 2024 fee changes to take effect from 1 October 2024 and the news is not all bad for businesses who are ensuring the protection of their intellectual property.
The fee changes are the result of a regular 4-yearly review process, and reflect IP Australia’s commitment to the cost recovery in alignment with the Australian Government Charging Policy.
While there are some increases and the addition of new fees (particularly in relation to opposition processes and examination), there are also some fee reductions. Notably, application fees for filing designs and provisional patents will be slightly reduced from 1 October 2024, and there will be no change to trade mark application and trade mark renewal fees.
Fees for requesting examination of designs and patents are set to increase from 1 October 2024, along with patent renewal fees from the 6th year, and plant breeders rights applications and renewals.
Patent hearing fees have not increased since 2012-13, but from 1 October 2024 patent opposition and hearing fees will double. New fees will be introduced for trade mark oppositions that seek to rely on 4 or more grounds of opposition, or 11 or more claimed similar trade marks – these fees are intended to operate on a sliding scale. The fee to apply to remove a trade mark from the register for non-use will also increase, while late filing of evidence in trade mark opposition proceedings will attract a new fee. The costs that may be awarded against unsuccessful parties in opposition proceedings will substantially increase.
For current fee information from IP Australia visit their website here.
In summary, the fee changes represent an incentive to businesses to continue to consider their IP protection strategy and encourage the filing of new rights applications while advice should be sought and careful consideration given to the commencement of opposition proceedings.
If you have questions about these changes and how they will impact your business or you need advice around protecting the intellectual property of your business or the business of a client you advise, please contact a member of our Intellectual Property team.
For further information please contact Ben Gouldson.
The assistance of Nicola Hayden, Lawyer and Trade Marks Attorney in researching this article is gratefully acknowledged.
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