IP SPOTLIGHT MARCH 2020

IP Australia is looking to update its fees, and have released a draft Cost Recovery Implementation Statement (CRIS). The fee changes seek to bring about cost recovery arrangements for delivering IP Services. IP Australia has also updated hearing costs that may be awarded for Patents, Trade Marks and Designs.

PLANT BREEDERS RIGHTS

PATENTS

TRADEMARKS

DESIGN

RESTRUCTURE OF APPLICATION FEES Standard non-picklist

RENEWALS An increase from $345 to $400 when filed by preferred means or otherwise $395 to $450. QUALIFIED PERSON Designating an approved person fee will go up from $50 to $80 and renewing the designation from $50 a year to $240 for three years.

PATENT RENEWAL Introduction of annual increases to renewal fees. PATENT EXCESS CLAIMS Still no excess fee until 20 claims are reached but the fee will increase from $110 per claim to $125 for 20-30 claims and $250 per claim after that. PRELIMINARY SEARCH & OPINION This will reduce from $2,200 to $950 per search request. FILING A PATENT APPLICATION BY ANOTHER MEANS An increase from $470 to $570.

APPLICATION FOR MORE THAN ONE DESIGN The fee will reduce after the first design. FILING AN APPLICATION BY ANOTHER MEANS Increase from $350 to $450 DESIGN RENEWALS An increase of $320 to $400 if filing by preferred means or otherwise an increase of $370 to $450.

application will increase from $330 a class to $400 a class, $350 to $400 per class to import a Madrid application and $350 to $450 a class for an application by another means. OPPOSITIONS & HEARINGS Request for hearing fee will drop from $600 to $400 while the fee for appearing and being heard at an oral hearing in person will go up to $800 or $600 if it’s attending by other means. The $400 request fee will be deducted. If there’s no hearing, there’s no fee.

NEW ZEALAND

There have been a couple of changes on the New Zealand front: – – changes to patent and trade mark fees – the New Zealand Patent and Trade marks office has issued a new schedule of fees; – – egulatory Systems (Economic Development) Amendment Act 2019 has come into force – this Act updates the way in which trade marks past their renewal dates are referred.

PROPOSED FEE CHANGES AT IP AUSTRALIA

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