5.7.1.8 Fees for amendments

Also in this Chapter:

• 5.7.1.1 What documents can be amended?
• 5.7.1.2 Who can request amendments?
• 5.7.1.3 When can amendments be requested?
• 5.7.1.4 Requirement to provide reasons for amendments
• 5.7.1.5 Withdrawal of a request to amend
• 5.7.1.6 Circumstances in which an amendment request cannot be processed
• 5.7.1.7 Granting leave to amend

• 5.7.1.9 Annex A - Guidelines for Completing the Voluntary Section 104 Allowance Form.

Key Legislation:

Patents Regulations:

• Schedule 7; items 222 and 224 Fees

Related Chapters:

• 5.6.2.4 Payment of fees

On this page

• Overview
• Examination practice:
  • ​​​​​​​Voluntary amendments
  • Amendments in response to or anticipation of examination
  • Unpaid fees.

Overview

Amendment fees depend on the type and timing of the amendment request.

The current fee amounts are listed in Schedule 7 of the Regulations.

Examination practice

Voluntary amendments

There is a fee for voluntary amendment requests. These are amendments requested:

• before examination has been requested; or
• after a patent has been accepted.

(Schedule 7, items 222 and 224)

Fees are payable for each separate voluntary amendment request.

These fees are not refundable (see Doing business with us > Refunds on the IP Australia website).

Amendments in response to or anticipation of examination

There is no fee for amendment requests filed in response to or anticipation of examination.

If the applicant has paid a fee for such an amendment, notify CEG. They will automatically refund the fee as an overpayment.

Unpaid fees

If the fee has not been paid, the request should not be examined. Follow the procedures outlined in 5.6.2.4 Payment of fees.