intellectualpropertista

Archive for the ‘Patents’ Category

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IP Australia fees rise from 1 July 2012

In Designs, IP Australia, Patents, Trademarks on 11 May 2012 at 17:40

Following the Australian Federal Budget on Tuesday 8 May 2012, IP Australia has announced a list of changes to fees charged for its products and services.

Most fee changes will take effect from 1 July 2012. New application filing fee charges will increase from 1 October 2012.

Full fees for each type of intellectual property can be found by clicking on the headings below. In summary, the new fees will be as follows (a variety of fees indicates that some filing methods cost more than others):

Trademarks

  • Headstart request:     $120/class
  • TM application:     $200 or $220/class
  • Standard TM registration:     $300/class
  • TM renewal:     $300 or $350/class

Designs

  • Application:     $250 or $350/design
  • Examination:     $420
  • Renewal:    $320 or $370

Patents

  • provisional application:     $110 or $210
  • standard patent:
    • application:     $370 or $470
    • examination:     $490
    • renewal:     $350 (yrs 4-9), $550 (yrs 10-14), $1,170 (yrs 15-19)
  • innovation patent:
    • application:     $180 or $280
    • examination:     $500
    • renewal:     $160 (yrs 2-4), $270 (yrs 5-7)
  • opposition:     $600

Plant Breeders’ Rights

  • Application:     $345 or $445
  • Examination (single):     $1,610
  • Certificate (PBR):     $345
  • Annual renewal:     $345 or $395

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‘Raising the Bar’ Amendments now law

In Law Reform, Patents, Trademarks on 17 April 2012 at 19:18

Intellectual Property Laws Amendment (Raising the Bar) Act 2012

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 received the Governor General’s assent on 15 April 2012 and is now part of Australia’s intellectual property law.

Most provisions in the Act will come into effect on 15 April 2013 but exemptions for researchers and regulatory use took immediate effect from 15 April 2012.

The research exemptions are intended to allow people to conduct genuine scientific research without fear of infringing patents. IP Australia summarises the exemptions as follows:

“To provide clarity for researchers, an inclusive list of activities that are deemed to be experimental has been included in section 119C of the Patents Act 1990. The following activities are exempt:

* determining the properties of the invention
* determining the scope of a patent claim relating to the invention
* improving or modifying the invention
* determining the validity of the patent or of a patent claim relating to the invention
* determining whether the patent for the invention would be, or has been, infringed by the doing of an act.

This list is not intended to be exhaustive. A court may find other activities also fall within the meaning of ‘experimental’.”

Useful background:

* Progress of the Bill through Parliament

* Summary of the changes from firm Davies Collison Cave. See also their advice to practitioners.

* Summary of the changes from firm DibbsBarker

* Summary of the changes from firm Middletons

* Summary of the changes from firm Shelston IP

* Summary of the changes from firm Sprusons

* Summary of the changes regarding trademarks from firm Clayton Utz

* Summary of the changes from firm King & Wood Mallesons