New Excess Claims Procedure for Australian Patent Applications

IP Australia has announced that new fees will take effect from 1 October 2024.  Notably, a new excess claims fee process is being introduced for applications on which examination is requested on or after 1 October 2024.  For applications having an examination request filed before that date, the current excess claims fees process will remain, with excess claims fees calculated at acceptance.

The new excess claims fee process will see fees payable if there are more than 20 claims at the time the first examination report issues.  Applicants will be given 1 month from the date of the first examination report to pay any excess claims fees.  A further invitation to pay may issue at acceptance, if the number of claims at any time during examination is greater than 20 and is higher than the number of claims at the first report stage.

To minimise excess claims fees, Applicants may request examination before 1 October 2024 or lodge a voluntary amendment before a first examination report issues.  If you have any questions, please contact us.

 

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