IP Renewals

Renewing Intellectual Property Rights

The importance of timely Renewal

Whether renewing patent, trade mark or design cases, it is important to have a properly structured and policed renewal reminder system to avoid late renewals or lapsing of IP rights that may be expensive to remedy.
Will prolong the life of your IP where allowed
Will allow for future budgeting of costs
Only renew for as long as your IP is useful

The renewal of intellectual property rights differs for each of patents, trade marks and designs in Australia.

Patents

Renewals are due annually starting with the fourth year after filing a standard patent application (which has a maximum term of 20 years from the filing date), or starting with the second year after filing an innovation patent application (which has a maximum term of 8 years from the filing date). A patent (or application) will lapse if a renewal fee is not paid by a given deadline, which means that there will no longer be any patent protection for the invention and third parties may be able to freely exploit the invention.

Trade Marks

The first renewal is due 10 years after filing the trade mark application, which will then prolong the life of the trade mark registration for another 10 years. This process of renewal is repeated every 10 years for as long as renewal fees are being paid on time.

Designs

The initial term of a design registration is 5 years, and a single renewal fee is payable before the fifth anniversary of the Australian filing date to extend the term of the design registration to a maximum of 10 years.

For more information

Let us help you!

If you need help on this topic, please feel free to contact us. We will get back to you within 1 business day. For all urgent matters, just call us now.

Call : +61 2 8315 2101

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