Update the regulations across all the IP Rights to provide a preferred means of filing where the option is appropriate

At a glance

Policy ID: 150

Status: On hold

Priority: Low

Trade marks Patents Design rights Plant breeders rights Apply

Issue summary

Under the patents, trade marks, designs and plant breeder’s rights legislation the Commissioner and the Registrars can determine the means for filing documents or paying fees at IP Australia. Additionally, the Commissioner and the Registrars can determine which of those means are preferred means. These determinations are made in non-legislative instruments published on IP Australia’s website. 

The regulations can prescribe a reduced fee for a document filed or a fee paid by preferred means, as compared with the fee prescribed for undertaking the transaction by another means. For example, the fee prescribed for filing a trade mark application by preferred means is less than the fee for filing the application by another means: table item 1 of Schedule 9 to the Trade Marks Regulations.

Currently, some but not all transactions with IP Australia have reduced fee amounts prescribed for using preferred means. 

History

  • On hold 5 December 2022

Comments

IP Australia will consider whether to amend the regulations to prescribe a greater range of transactions that would enjoy a preferred-means discount as part the next fee review.

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