How to renew my IP right

Once your intellectual property (IP) is protected, you'll need to renew it in order to keep it protected. Here's how to renew your trade mark, patent, design and plant breeder's rights (PBR).  

Why do I need to renew my IP?

Renewal of your IP right helps ensure your IP assets remain protected.

If you don't renew your IP rights on time, your protection will lapse. Once it does, you'll lose all rights that come from registration.

How to renew your IP rights

Each type of right has its own requirements for renewal. Details for each are below:

When to renew:

  • Renewal is due every 10 years
  • Your trade mark can be renewed up to a year before the renewal due date.

There's no limit to the number of times a trade mark can be renewed.

We'll send you a reminder notice two months before your renewal is due.

If you miss the renewal date, there is a six-month grace period when you can still renew your trade mark. If you don't renew or pay the fee within this period, your rights will lapse and your IP will no longer be protected.

How much it costs:

If you don't renew your trade mark on time, and you use the six- month grace period, you'll need to pay an extra $100 for each month (or part of the month) that the fee isn't paid. For example, if your renewal is 12 days late, you'll be charged an extra $100.

How to renew:

It's your responsibility to renew your trade mark on time. The quickest and easiest way is through our online services. The renewal is effective immediately.

You can check the status of your registration at anytime at Australian Trade Mark Search.

When to renew:

Standard patent:

  • First renewal is due four years after the filing date
  • All following renewals must occur yearly until the patent ends.

Innovation patent:

  • First renewal is due two years after the filing date
  • All following renewals must occur yearly until the patent ends.

If you don't have a patent attorney, we'll send you a reminder notice two months before your renewal is due.

If you miss the renewal date, there is a six-month grace period when you can still renew your patent at an extra cost of $100 for each month of that grace period. If you don't renew or pay the fee within this period, your rights will lapse and your IP will no longer be protected.

Renewal costs:

Costs depend on the type of patent and when the application was originally filed.

Standard patent renewal fees

Action Fee (via online services) Fee (via other payment methods)
4th anniversary $300 $350
5th anniversary $315 $365
6th anniversary $345 $395
7th anniversary $380 $430
8th anniversary $420 $470
9th anniversary $465 $515
10th anniversary $540 $590
11th anniversary $645 $695
12th anniversary $780 $830
13th anniversary $945 $995
14th anniversary $1140 $1190
15th anniversary $1385 $1435
16th anniversary $1675 $1725
17th anniversary $2010 $2060
18th anniversary $2390 $2440
19th anniversary $2815 $2865
20th anniversary (pharmaceutical patents only) $4000 $4050
21st anniversary (pharmaceutical patents only) $5000 $5050
22nd anniversary (pharmaceutical patents only) $6000 $6050
23rd anniversary (pharmaceutical patents only) $7000 $7050
24th anniversary (pharmaceutical patents only) $8000 $8050

Innovation patent renewal fees

Action Fee (via online services) Fee (via other payment methods)
2nd to 4th anniversaries $110 $160
5th to 7th anniversaries $220 $270

 

If you don't renew your patent on time, and you use the six- month grace period, you'll need to pay an extra $100 for each month (or part of the month) that the fee isn't paid. For example, if your renewal is 12 days late, you'll be charged an extra $100.

How to renew:

It's your responsibility to renew your patent on time. The quickest and easiest way is through our online services. The renewal is effective immediately.

When to renew:

  • Anytime within the first five years of registration
  • Once the first renewal period ends for another five years.

Design rights can only be renewed once. This means they have a life span of maximum 10 years' protection.

We'll send you a reminder notice two months before your renewal is due.

If you miss the renewal date, we'll provide a six-month grace period when you can still renew your design right. If you don't renew or pay the fee within this period, your rights will lapse and your IP will no longer be protected.

Renewal costs:

If you don't renew your design right on time, and you use the six- month grace period, you'll need to pay an extra $100 for each month (or part of the month) that the fee isn't paid. For example, if your renewal is 12 days late, you'll be charged an extra $100.

How to renew:

It's your responsibility to renew your design right on time. The quickest and easiest way to renew is through our online services. The renewal is effective immediately.

When to renew:

  • Annually, on the date your PBR was granted.

The annual renewal fee maintains your rights for the length of your PBR protection, which is:

  • 25 years for trees and vines
  • 20 years for other species.

We'll send you a payment notice one month before your renewal is due.

Renewal costs:

How to renew:

It's your responsibility to renew your PBR on time. The quickest and easiest way to renew is through our online services. The renewal is effective immediately.