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ARTICLE · 10 SEPTEMBER 2024

Important changes regarding payment of excess claims fees in Australia

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IP Australia will implement significant changes to its fee structure.

AustraliaIntellectual Property
Andrew Davey
Andrew Davey
Serena White
Serena White
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From 1 October 2024, IP Australia will implement significant changes to its fee structure, with a major shift in the timing of excess claim fees for patent applications with more than 20 claims.

Currently, excess claims fees are payable in Australia based on the number of accepted claims. That is:

  • if examination is requested before 1 October 2024, excess claim fees are calculated based on the number of claims only at acceptance (allowance).

However, the following important changes are commencing on 1 October 2024:

  • if examination is requested on or after 1 October 2024, excess claim fees will be calculated:
    1. based on the number of claims at issue of the first examination report; and

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