7.12.3.3.1 Renewal Fees

Key Legislation:

Patents Act:

• s77 Calculation of term of extension  

Patents Regulations:

• reg 13.6 Time for payment of renewal fee for patent
• Schedule 7 Fees

Where an extension of term is granted on a standard patent, annual renewal fees are still due for each year, or part year, of the extension. The consequence of failing to pay these fees within the time limits prescribed by reg 13.6 will result in the patent ceasing. The annual fees for the twentieth and subsequent years are specified in schedule 7 (item 211). The final year of the extension may not be a full year due to the way the extension is calculated under sec 77. However, the annual fee for the last year will still be the same as if it was for a full year.

Where an extension of term is not granted before the twentieth anniversary, then regulation 13.6(1A) prescribes that the twentieth anniversary fee is due 6 months after the grant of the extension of term.