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ARTICLE · 14 OCTOBER 2024

Navigating Australia's patent claim fee changes & protecting your rights

IP Australia has arguably complicated the fee structure for applicants.

AustraliaIntellectual Property

The recent changes to IP Australia's fee structure includes a new process for calculating excess claim fees. Further to  our previous article on these changes, we outline below a number of considerations and measures to assist applicants in navigating these changes.

Fee changes for excess claim fees for Australian patent applications came into effect on 1 October 2024. The procedure has become more complex and costly, and there is an increased risk of losing rights if timely action is not taken.

Excess claim fees for more than 20 claims will now be calculated in two instances after examination is requested:

  1. At issuance of the first examiner's report:
    • excess claim fees are payable within one month from the date the first report is issued.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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