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IP Australia services during COVID-19
IP Australia and IPONZ provide all their services through electronic portals. Therefore, it is business as usual for filing applications and other correspondence with the office. In recognition of the unprecedented nature the effects of the COVID-19 outbreak is having on businesses IP Australia has modified their processes and practices to support businesses and where possible will extend deadlines.
IP Australia continues to provide its services, modified where needed, to ensure compliance with COVID-19 restrictions. IP Australia acknowledges that the effects of the COVID-19 outbreak may impact the ability of applicants and their representatives to process applications.
In relation to any deadline, IP Australia has advised that where an applicant is having difficulties meeting time frames because of the COVID-19 outbreak an extension of time may be available. Where IP Australia has discretion under the relevant legislation they will seek to apply it.
It is important to note that not all time periods can be extended so contact us if have an impending deadline and consider that you have basis for an extension.
Extensions of time until 31 March 2021
In relation to extensions of time IP Australia has set up a streamlined process for extension of time requests. Associated fees are now waived or refunded to assist those impacted by the COVID-19 outbreak.
- Customers impacted by COVID-19 can submit a request for an extension of time without having to provide any additional written explanation.
- An extension of time of up to three months is available and IP Australia has waived their usual fees for extensions.
- A further extension of time for up to 3 months is available if required.
- This arrangement applies to most Patents, Trade Marks, and Designs extension of time requests. This arrangement does not apply to extensions of time for payment of renewal fees.
- Where legislation requires it, IP Australia must give the other party in an opposition matter and opportunity to comment on the request for an extension of time.
Extensions of time after 31 March 2021
Extensions of time will remain available for those impacted by the COVID-19 outbreak, however the requests will be considered on a case-by-case basis with the Commissioner / Registrar considering the impacts of the COVID-19 pandemic.- Customers impacted by COVID-19 can submit a request for an extension of time.
- A declaration will be required to explain why the applicant cannot comply with the due date.
- This arrangement applies to most Patents, Trade Marks, and Designs extension of time requests. This arrangement does not apply to extensions of time for payment of renewal fees.
- Where legislation requires it, IP Australia must give the other party in an opposition matter and opportunity to comment on the request for an extension of time.
IP Australia has compiled a useful COVID-19 FAQ resource for patents, trade marks and designs, and plant breeder's rights.
If we can assist in any way please contact us.
Updated 17 February 2021
