Step 8: Grant of patent / Notice of Allowance
The grant of a patent refers to the official issuance of a patent by the patent office, providing legal protection and exclusive rights to the inventor. It signifies the recognition of the invention’s novelty, inventiveness, and industrial applicability, allowing the patentee to exclude others from making, using, or selling the patented invention without permission.
If the examiner determines that your application is in satisfactory condition and meets the requirements, you will receive a Notice of Allowance. The notice of allowance will list the acceptance fee that must be paid prior to the Patent being issued. The patent grant is mailed on the issue date of the patent.
Acceptance Fees : If your application passes examination, we’ll email your online services inbox to let you know. We’ll publish a notice of acceptance in the Australian Journal of Patents (AOJP). Third parties will then have three months from when the notice is published to oppose grant of your application.
Once your application has been accepted, you’ll need to pay a standard patent acceptance (mandatory) fee $250 . If the specification contains more than 20 claims, you’ll need to pay an additional fee per claim as well as the baseline specification fee.
The renewal fee increases each year. For example, AUD 315 in the 5th year, AUD 490 in the 10th year and AUD 2650 in the 19th year.
Grant of patent | Responsibilities | |
Inventor | patent is granted to you. By paying issue fee you get right to exclude others from using, selling offering for sale, importing your patented invention | |
Patent agent or attorney | Inform inventor / applicant about procedures, renewals and communication to Australian Patent Office after grant of patent | |
Patent office | Grant the patent for invention or reject the patent based on response to objections raised. Giving Notice of Allowance |