Time and costs

This page sets out some of the basic fees associated with patent applications. A full list of fees is available in Schedule 7 of the Patent Regulations 1991.

Fees are payable at different stages through the patent process and will depend on the type of application you are making.

It is important to remember that these are the fees our office charges for each action. You should expect additional costs if you are using legal representation.

This information is current as of May 2016. Fees are subject to change. GST does not apply to these statutory fees under division 81 of the Goods and Services Act 1999.

Application fees

The application fees you need to pay will depend on the type of patent you apply for.

If you file an application and do not pay the filing fee within two months your application will lapse.

The first fee is if an application is filed through Online Services (eServices). The second is if an application is filed by other means (e.g. post).

Schedule 7 item


Fee (online services)

Fee (other means)


Provisional patent application




Standard patent application




Innovation patent application




National phase entry (a standard patent application after going through the Patent Cooperation Treaty application process)



Renewal fees

Annual renewal fees must be paid on all standard and innovation patent applications if you want them to remain in force. The cost will vary depending on the type of patent and the number of years that have passed since you filed it. These fees are usually due on or before the anniversary of the filing date of your application.

It is up to you to pay on time. Patent protection will stop if the renewal fee is not paid.

It is important that you keep your contact details up to date by using our online services.

Standard patent renewals

Schedule 7 item


Fee (online services)

Fee (other means)


4th to 9th anniversaries




10th to 14th anniversaries




15th to 19th anniversaries




20th to 24th anniversaries (pharmaceutical patents only)




Renewal payment late fee

$100 for each month, or part thereof that the fee is late (up to six months).


Innovation patent renewals

Schedule 7 item


Fee (online services)

Fee (other means)


2nd to 4th anniversaries




5th to 7th anniversaries




Renewal Payment Late Fee

$100 for each month, or part thereof that the fee is late (up to six months).


Examination and searches

Fees are payable for examination for both standard and innovation patent applications.

Schedule 7 item



  Preliminary search and opinion (PSO) $2200


Standard patent examination request



Innovation patent examination request (applicant)



Innovation patent third party examination request (third party payment)



Innovation patent third party examination request (applicant payment)



Re-examination request


Innovation patents

Innovation patents do not have to be examined. You can choose to keep your patent as an unexamined innovation patent and never request examination. If competitors request examination of your innovation patent, they have to pay half of the examination fee and you will have to pay the other half. If you do not pay, your patent will cease.

Standard patents

Standard patent applications must be examined. You must request examination and pay the examination fee within five years of your filing date. If you haven't requested examination yourself, you may be directed to request examination and pay the examination fee anywhere up to 55 months from your earliest priority date. In this case, you will be given two months to request examination. If you fail to request examination and pay the fee within the required period your application will lapse.

Both innovation and standard patents must be examined before you can enforce your rights.


An acceptance fee is only applicable for a standard patent.

Schedule 7 item




Standard patent acceptance



If more than 20 claims in specification

$110 for each claim in excess of 20

Voluntary amendments

Amendments to a patent application will incur a fee if they are made at either of these stages:

There is no fee for filing a voluntary amendment on a provisional application. It is also free to amend an innovation or standard patent application after examination has been requested.

Schedule 7 item




Amend standard patent specification before examination or after acceptance


222A Proposed amendment increases the claims in the complete specification and exceed 20 claims $110 for each additional claim

International fees

Fees for patents overseas will vary depending on the country you apply in.

Filing separate patent applications in each country may be cost effective if you choose to file in only a few countries.

If you file an application under the Patent Cooperation Treaty (PCT), your application will have automatic effect in the 151 countries in the treaty. This gives you more time to decide whether you want to pursue patent protection and in which countries. Most countries require you to file a patent application within 30 months from your priority date. You have 31 months if you file in Australia. Please check each country's requirements to ensure the correct fees are paid on time.

If you choose to pursue patent protection without professional advice you should take extreme care to understand the fees you will be required to pay and when you are required to pay them.

If you have filed an Australian provisional application with a view to filing a PCT application, you can pay for a patentability search to be carried out by us on your invention before you file your PCT application.

When you file your PCT application you must pay the full international search fee. If we have already conducted a search for your provisional application, you may request a partial refund of the international search fee. The amount of the refund will depend on how much additional searching we need to do on your PCT application.

Fees must be paid for a PCT application within one month of filing the application. Failure to pay these fees will result in the application being withdrawn.

You will also need to pay various national fees in each country where you choose to begin the national phase. Failure to pay a fee can have serious consequences for the protection of your rights.

Schedule 7 item




Transmittal fee



International search fee 



International-type search request 



International filing fee
If the application contains 30 Pages or less including the request form



For each page in the application in excess of 30 Sheets



Electronic filing discounts for:



Using ePCT filed in PDF format



Using ePCT filed in XML format



Additional international search fee



Cost of preparing certified copy of Basic Document 

$50 per document

  Copies of Specifications cited in the International Search Report $50 per copy


PCT International preliminary exam (with Australian ISR)



PCT International preliminary exam (without Australian ISR)



International preliminary examination handling fee


Oppositions and hearings

Parties involved in patent oppositions and ownership disputes can give evidence in a hearing overseen by a delegate of the Commissioner for Patents.

Some of the costs involved in opposition proceedings are detailed below:

Schedule 7 item




Filing a notice of opposition



Appearing at a hearing

$1000 per day


Hearing on the basis of written submissions only


Sale of documents

Replacement certificates can be ordered via our online services. Options are: photocopies, certified copies and duplicates. Depending on which option you select the cost will vary.

Number Fee

Copy of one to three documents from the same file

$50 each

Copy of four or more documents from the same file


Thu, 10 Aug 2017 @12:24

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