Background

Excess claim fees apply when more than 20 claims are on file during examination. The fee structure is:

• Claims 21–30: $125 per claim
• Claims 31+: $250 per claim

What is Changing

IP Australia will no longer issue a 6-month advance notice before examination commences. Instead, a fixed 3-month window from the examination request date will be provided to amend claims. Examination will not commence during this period. A reminder about this window will be included in the acknowledgement of the examination request.

Exceptions: Divisional applications and expedited examination requests are excluded from this practice.

After the 3-Month Window

Amendments to claims can still be filed after the 3-month period. However, if examination has already commenced by that point, excess claim fees may still be incurred.

Recommendation

File an amended claim set together with the request for examination to avoid excess claim fees.

Please contact us if you have any questions.