Fixed Fee Pricing - Patents

What additional costs should you expect?

Additional fees will be incurred where we are required to tend to actions additional to those listed above, for example: conducting patent searches; general patentability advice, advising on claim structure or scope; preparing submissions concerning prior art; responding to a third and subsequent examination reports, payment of patent office excess claim fees (claims in excess of 20 claims in AU and 25 Claims in NZ), change in ownership details, request post acceptance/post grant amendments, appeals associated with office actions, opposition to grant, re-examination, and payment of annuity/maintenance fees.

What if my case is abandoned?

We know cases may be abandoned or withdrawn for a variety of reasons. You shouldn’t have to pay for a service you won’t use and in these circumstances we will offer a 50% refund if we get instructions to withdraw the case before requesting examination.

What would this normally cost?

Based on our experience, the likely average total cost of prosecuting an application in Australia and in New Zealand, assuming two examination reports and no excess claim fees is approximately $AU7,000 to 9,000 per country.

Fee Schedule

Patent s – Australia Total Fees (incl. official fees) $AU

Patent s – New Zealand Total Fees (incl. official fees) $AU (approximate)

Filing a PCT or Complete Application or Divisional Application

1,770

1,450

Request for Examination

1,050

1,310

Requesting Voluntary Amendments (when requesting examination)

600 - 800

750 - 950

Requesting Amendments (via PPH)

600 - 800

750 - 950

Requesting Voluntary Amendment when responding to the exam report – New Zealand only Receiving, reviewing and reporting examination report with explanation (per report), including entering into our database and docketing system Receiving instructions for responding to the examination report, preparing and filing a response (per report) Acceptance – where fee is payable (excl. excess claim fees) – Australia only Excess claim fees (each additional claim after 20 claims and up to 30 claims) – Australia only Acceptance – where official fee is not payable - New Zealand only

N/A

150

500 - 800 (first report) 500 - 800 (second report)

500 - 800 (first report) 500 - 800 (second report)

1000 - 2,500 (first report) 800 - 1,500 (second report)

1000 - 2,500 (first report) 800 - 1,500 (second report)

N/A

310

710

N/A

160

N/A

Excess claim fees (each claim after 30 claims) - Australia only

285

N/A

Excess claim fees (each fifth claim over 25 claims) – New Zealand only

N/A

140

Want to know more about our fixed fees option? Please contact:

GARY COX Chairman & Principal T +61 8 9216 5100 gary.cox@wrays.com.au

About Wrays

Working with start-ups to multinationals since 1920, we are one of Australia & New Zealand’s largest independent IP specialist firms.

Intellectual property lawyers, attorneys and advisors all under one roof, ready to protect, grow and defend your valuable assets, locally and globally.

wrays.com.au

©2020