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Client Update: IP Australia announces fee changes

18 May 2012

In brief: IP Australia has recently announced changes to many official fees for patent, trade mark and design matters, including the introduction of a new fourth year patent continuation/renewal fee. Partner Chris Bird reports.

Background

Following a recent review of the fees it charges users of the intellectual property system, IP Australia has announced it will increase numerous fees for patent, trade mark and design matters.

Size of increases

Many of the fee increases are relatively modest, and their effect can be minimised by making use of IP Australia's new electronic filing gateway. At Allens Patent & Trade Mark Attorneys, we have brought our records and administration systems into compliance with the requirements of these new electronic processes and, wherever possible, we will conduct transactions electronically in order to reduce costs for our clients.

Timing of increases

Most of the fee increases will take effect from 1 July 2012. However, filing fees will increase for all applications filed on or after 1 October 2012. To reduce filing costs, you may wish to consider bringing forward any new applications you are contemplating, in order to beat the 1 October deadline.

New fee introduced

Very significantly for patent applicants and owners, a new fourth anniversary continuation/renewal fee will be introduced (for many years, such patent maintenance fees have been payable only from the fifth anniversary of filing). The new fee will commence on 1 July 2012, and will therefore apply to patent applications filed on or after 1 July 2008, or any divisional application whose earliest parent application was filed on or after 1 July 2008.

Please take careful note of this change – we recommend you update your records as necessary.

Will Allens increase its associated charges?

Although IP Australia is increasing its fees, Allens will not be increasing its associated professional charges. Our website will be updated in the coming weeks, with new fee schedules reflecting the official fee changes.

For further information, please contact:

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