11 February 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 were published by IP Australia on 23 January 2019, in preparation for their commencement on 24 February 2019 (along with Parts 3, 7 and 14 of Schedule 2 to the IP Amendment Act).

IP Australia has identified updates to the instruments, in relation to the form for filing evidence given in writing for Patents, Trade Marks and Designs. The updated instruments made on 6 and 8 February 2019 will repeal the corresponding instruments made in January 2019, and will commence on 24 February 2019.

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

The full list of the non-legislative instruments is published in the IP legislation page.

Non-legislative instruments updates


(made on 6 February 2019)

(made on 8 February 2019)

Official Notice: Updated non-legislative instruments for patents

Trade Marks

(made on 6 February 2019)

Official Notice: Updated non-legislative instrument for trade marks


(made on 6 February 2019)

Official Notice: New instrument for Designs