IP Australia, the government agency tasked with intellectual property rights enforcement, classifies patents into standard and innovation patents. Keep in mind that there are significant differences between these two types, from their criteria to their fees.
When it comes to examination requirements, standard patent applications must undergo examination and said examination will be made only upon your request. You have to pay the examination fee within five year after your application’s filing date.
If you didn’t request for an examination, you will be instructed to request for it and pay for its fee within 55 months from the earliest priority date. You have two months to request for the examination.
What happens if you failed to do all of these on time? Your application will expire, so to speak.
In contrast, there’s no examination for innovation patent applications. You have the option of keeping it on an unexamined innovation patent basis.
But that doesn’t mean that your competitors can let it be! In case your competitors request for an examination, you and your competitors will pay the fee on a 50-50 basis. If you don’t pay for any reason, your patent protection will stop.
So, should you have your innovation patent be examined? Yes, we strongly suggest having it examined! This is because both standard and innovation patents have to be examined before the applicable rights can be enforced.
Note: There’s a move on the part of the Australian Government in the phaseout of innovation patents.
There’s a difference in the acceptance fee between standard and innovation patents and it’s pretty simple. Where an acceptance fee is required for a standard patent, it isn’t so for an innovation patent.
The acceptance fee for standard patents differ based on the number, too. It’s a $250 fee for standard patent acceptance. It’s $110 for every claim in excess of 20 in case there are over 20 claims specified in the application.
Every action related to patent applications has its corresponding fee and this applies to amendments. The amendment fee, however, will only be incurred when amendments are made at either of these times in the process:
The fee is $250 in both instances. But if your proposed amendment results in an increase in the claims and it exceeds 20 claims, you have to pay $110 for every additional claim.
In case of a voluntary amendment requested on a provisional patent application, no fee is required. You may also request for an amendment on your standard and/or innovation patent application after you’ve submitted an examination request.
While the fees seem exorbitant for your original creation or invention, you have to consider the risks that comes with unprotected inventions. You may just end up being deprived of your share of the pie from your original invention while others enjoy its fruits.
If you need to get professional help of your patent application in Australia, please contact us for free consulation. We are the Hong Kong patent application grant (PAG) authorized patent agent and can help you to apply for the said grant and international patent application and/or trademark registration.
CtR Intellectual Property Co.
Hong Kong Patent Application Grant Authorised Patent Agent
Offering Professional Patent and Trademark Application & Related Services