IP Australia – COVID-19 extensions of time

To assist those impacted by the COVID-19 pandemic, IP Australia has implemented a streamlined process to request an extension of time for a period of up to three months. These requests apply to some processes for trade marks, patents and designs. IP Australia has also provided other measures to give a similar outcome for plant breeder’s rights.

There are no fees associated with the streamlined extension of time requests.

Request process

To request a streamlined extension of time, the following steps are involved:

  1. Log in to eServices through the IP Australia website (www.ipaustralia.gov.au);
  2. Select an extension of time for ‘circumstances beyond the control of the person’;
  3. Select the box to make a declaration that you are unable to meet the deadline due to disruptions from the COVID-19 pandemic (a declaration form does not need to be uploaded); and
  4. Complete the eServices request.

If a longer extension is required, IP Australia recommends applying for the streamlined extension of time now for the three month period. It is then possible to make an application for an ordinary extension of time, at a later stage, for a longer period if needed. Please note, the standard fees will apply for an ordinary extension of time.

Timeframe

The streamlined extensions are available until 31 July 2020, however, IP Australia is reviewing this arrangement and the ongoing impact of COVID-19 and acknowledge that this arrangement may be extended further if required.

Deadlines that can be extended

The streamlined extension process applies to any period that is currently available for extension and includes meeting deadlines associated with oppositions or hearings (such as periods to file evidence).

If a streamlined extension is granted for opposition deadlines, it can still be objected to by the other side, consistent with standard procedures.

Deadlines that cannot be extended

There are some processes in which the streamline extension does not apply, they include the following:

  • Renewals (6 month grace period still applies);
  • Meeting minimum filing requirements;
  • Amendment of an application before its particulars are published;
  • Periods relating to TM Headstart applications;
  • Responding to a notice or advertisement by the Australian Competition and Consumer Commission in relation to an application for a certification trade mark; and
  • Time periods in matters before a Court or the Administrative Appeals Tribunal.

For more information please visit here.

If you have any queries or would like further information regarding this article, please contact:

Kathryn Speed
Principal
M: 0408 446 013
E: kspeed@pageseager.com.au

Published: 24 June 2020

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