How patent fees work

Step 1 — which applicant category are you in?

• Natural person — an individual applying in their own name.
• Startup — as defined for the purposes of the Rules, evidenced when you first pay.
• Small entity — an enterprise within the prescribed investment and turnover limits.
• Educational institution — recognised institutions filing in their own name.
• Others — companies and everyone else, at the standard rate.

The reduced categories pay materially less at every stage — filing, examination, renewals — so the category decision compounds over twenty years. It must be evidenced, and if the application later moves out of a concessional category the difference becomes payable.

Step 2 — what drives the amount?

• Applicant category
• Electronic filing versus physical filing
• Number of claims above the prescribed limit
• Number of specification pages above the prescribed limit
• Whether examination is ordinary or expedited
• Which renewal year you are in
• Extensions, condonation and late payments

Official fees versus professional fees

Official fees go to the Patent Office and are fixed by the First Schedule. Professional fees are what a patent agent or attorney charges for searching, drafting, prosecution, hearings and advice, and are a matter of agreement. A quote that gives you one combined number is hiding which is which. Ask for them separately.

The cost most people forget

Renewals. A patent that is granted and then renewed for its full term costs more in renewal fees over twenty years than it did to file. Budget for it at the start, and decide honestly in year eight or ten whether the patent is still earning its keep.