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Date Published

An innovation patent will expire at the end of 8 years from the date of the patent. The date of a patent is either the date of filing, or the date determined by reg 6.3 (sec 65).

An innovation patent ceases if, inter alia:

  • the filing fee is not paid;
  • the patentee fails to pay the examination fee (or half of the fee if a third party requests examination) within the time allowed;

  • the innovation patent is not certified within the time allowed from the first examination report; or

  • a renewal fee (required from the second anniversary of the date of the patent) is not paid by the due date or within the 6 month grace period (sec 143A(d) and reg 13.6).

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