30 May 2012
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Key points in the forthcoming revisions to official fees for patents, trade marks and designs commencing on 1 July 2012, include:
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Patents
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- Introduction of a new maintenance fee for standard applications falling on the fourth anniversary of filing, thus applying to all such applications filed on or after 1 July 2008.
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- Immediate implementation of an AU$50 surcharge for any renewal paid via paper lodgement*, following implementation of online renewal services by the Patent Office on 4 May 2012.
- Delayed introduction on 1 October 2012 of an AU$100 surcharge for applications filed in paper form* on or after that date, consistent with the anticipated implementation of on-line filing services by the Patent Office.
- Enhancement of the international preliminary search service (under PCT Art 15(5)) to further include an opinion, together with a 50% fee increase to AU$2,200. This is consistent with the anticipated introduction of a new pre-publication search fee for all complete patent applications filed only in Australia, effective 15 April 2013.
- Increase by 10% in the excess claims fee payable for each claim in excess of 20 at acceptance of the application to AU$110 per claim.
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Full details of official patent fees are available at: IP Australia.
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* Paper lodgement or filing which will attract the surcharge applies irrespective of personal payment, lodgement or filing and includes transmission by mail or facsimile. See IP Australia's guide at this link. (See Griffith Hack's initiatives below.)
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Trade Marks
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- Increase in the registration fee to AU$300 per class of goods/services.
- Immediate implementation of an AU$50 surcharge for any renewal paid via paper lodgement**, given the longstanding availability of online renewal services by the Trade Marks Office.
- Deferred introduction on 1 October 2012 of a filing surcharge of AU$40 for trade marks applications filed in paper form**.
- Increase in the hearing fee to AU$600 and introduction of a new fee of AU$100 to accompany lodgement of written submissions.
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Full details of official trade marks fees are available at: IP Australia.
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** Trade marks clients can be assured that Griffith Hack has made long-standing use of electronic filing to avoid surcharges impacting on clients.
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Designs
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- Immediate implementation of an AU$50 surcharge for any renewal paid via paper lodgement*, following implementation of online renewal services by the Designs Office on 4 May 2012.
- Delayed introduction on 1 October 2012 of an AU$100 surcharge for applications filed in paper form* on or after that date, consistent with the anticipated implementation of on-line filing services by the Designs Office.
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Full details of official designs fees are available at: IP Australia.
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Griffith Hack's initiatives
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Our IT services group is working in close consultation with IP Australia to ensure all practice groups are equipped to take full advantage of on-line electronic filing services. This will directly benefit our clients and associates by avoiding any surcharge wherever possible. The timing is ideal, as Griffith Hack is undertaking a firm-wide move to streamlined electronic file keeping systems including for official correspondence, which can be conveniently dove-tailed with IP Australia’s long-awaited eServices and B2B initiatives for patents and designs matters.
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For more information, please contact:
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