Published: 
23 January 2019

The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (IP Amendment Act) moves a number of filing, formality and fee paying requirements to non-legislative instruments. These instruments will commence on 24 February 2019, along with Parts 3, 7 and 14 of Schedule 2 to the IP Amendment Act. Moving these requirements to non-legislative instruments provides flexibility to adopt more efficient processes as they become available.

IP Australia has published the instruments in preparation for commencement. They set out the requirements in relation to:

  • the approved and preferred means of paying a fee, the means and form of filing evidence and opposition documents, and the means and form of filing/lodging/giving documents, in accordance with Part 3 of Schedule 2 to the IP Amendment Act,
  • formalities requirements for patent documents, in accordance with Part 7 of Schedule 2 to the IP Amendment Act, and
  • approved forms for plant breeder's rights, in accordance with Part 14 of Schedule 2 to the IP Amendment Act.

Copies of the instruments and their associated official notices can be found below.

Non-legislative instruments

Patents

PDF icon Patents (Approved Means for Paying a Fee) Determination 2019

PDF icon Patents (Means and Form of Filing Documents and Evidence)(Opposition and Other Proceedings) Instrument 2019

PDF icon Patents (Formality Requirements for Patent Documents) Determination 2019

PDF icon Patents (Means and Form of Filing Documents) Instrument 2019

Official notice: Non-legislative instruments for patents 

Trade Marks

PDF icon Trade Marks (Approved Means for Paying a Fee) Determination 2019

PDF icon Trade Marks (Means and Form of Filing Documents and Evidence)(Opposition and Other Proceedings) Instrument 2019

PDF icon Trade Marks (Means and Form of Filing Documents) Instrument 2019

Official notice: Non-legislative instruments for trade marks

Designs

PDF icon Designs (Approved Means for Paying a Fee) Determination 2019

PDF icon Designs (Documents and Evidence)(Proceedings) Instrument 2019

PDF icon Designs (Means of Filing Documents) Determination 2019

Official notice: Non-legislative instruments for designs

Plant Breeder's Rights

PDF icon Plant Breeder’s Rights (Approved Form) Approval 2018

PDF icon Plant Breeder’s Rights (Approved Means of Paying a Fee) Determination 2018

PDF icon Plant Breeder’s Rights (Means of Lodging or Giving Documents) Determination 2018

Official notice: Non-legislative instruments for plant breeder's rights