Patents

Patent Renewals

Highly skilled patent attorneys, providing personalised and commercially oriented services for patent submission, securement, renewals and defence.

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What Is A Patent Renewal?

A Patent renewal in Australia involves making continuation or renewal fees to the governing body IP Australia, over the lifetime of the patent to uphold the rights secured through the granted application. Standard patents, plant breeders rights and design patent renewals all follow a similar process.

In Australia, a patent offers protection for a maximum period of 20 years on a standard patent or 25 years for pharmaceutical substances before expiring.

During this time, while still a pending application and also once granted, ongoing renewals or renewals fees are required. The first renewal of a standard patent is due four years after the filing date with subsequent renewals required every year thereafter until the patent's expiry.
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Why Is A Patent Renewal Required?

Ongoing renewals of a patent application or granted patent are necessary to uphold the protection it offers for the related invention.

Without paying the required renewal fee, the application or granted patent will lapse and the invention it protected will pass into the public domain in the same way that an expired patent does.

Once this occurs its specifications and all associated details become easily accessible and it may be replicated, marketed and sold by other parties without constituting infringement.
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Do I Have To Renew A Patent?

No, the decision to renew a patent remains at the discretion of the patent holder.

Reminders will be sent two months in advance of renewal dates to either the patent holder or their nominated patent attorney. There is a six-month grace period following the renewal date during which you can still process your renewal and retain patent rights. Renewing during the grace period will include higher government fees.

There may be circumstances in which it no longer seems prudent to retain patent rights or where the holder no longer wishes to do so. We recommend seeking the advice of a patent attorney before deciding on non-renewal, as once lapsed, this cannot be reversed.

Without an expert opinion, you may later regret the decision not to renew your patent and face financial losses as a result. You will not be able to stop anyone from using the invention protected by the patent if you decide not to renew.

Once your patent has reached the maximum length of protection as noted above, it is no longer possible to renew it, even through a new application. New patent applications for improvements to the original invention may be possible though.
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Can I Renew A Patent Myself?

While it is possible to manage most renewals independently, there are situations in which it is wise to engage professional support. In addition, professionals typically have specialised software that tracks renewal deadlines as well as the associated grace periods, meaning you are less likely to miss a renewal deadline.

Typically, patent renewals are managed online through IP Australia and are effective immediately upon payment.

If the due date is missed or you are indecisive about whether it is worthwhile renewing, investing in professional support and guidance from a patent attorney is advised.

A patent attorney is specially trained in patent law and across all aspects of their application, renewal and enforcement. This makes them best placed to assist through their available patent renewal services.
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IP Guardian - Leading Patent Attorneys

A trusted name in patent law, IP Guardian promises zero compromises on service or outcomes in every facet of patent management.

Providing decades of combined expertise, our team is highly skilled and possesses the necessary knowledge required to renew your patent and keep its protection in place.

Whether we supported you with your initial patent application or you came to us at a later date once granted, we offer tailored advice and service that is unmatched elsewhere.

Working closely with you at all times, our dedicated and professional approach ensures your patent rights are continually upheld for the duration of its available lifetime.

Passionate about supporting Australian inventors and their ingenuity, we offer accessible and affordable legal advice so you can receive the support you need to protect your valuable IP.
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