Last updated: 
6 October 2020

Many stages in the design application process have deadlines. In limited circumstances, if you unintentionally miss a deadline you may be eligible to apply to extend the deadline.

When you apply for an extension of a deadline, you will need to pay a fee. You will also need to fully explain why you need it and why you were unable to meet the deadline.

If you need an extension of time, we urge you to act early and quickly.

There are two situations when you can apply for an extension of time.

Error or omission

We can grant an extension of time if a genuine error or omission was made by you (or your agent or IP Australia) results in a failure to meet the deadline.

The error or omission must be unintentional. Forgetting or choosing not to carry out an action is not an error or omission.

Circumstances beyond control

We can grant an extension of time if there are circumstances beyond your control which results in a failure to meet the deadline.

The circumstances must be ones which are unavoidable, even when exercising due care. An example of this would be a natural disaster.

A declaration is required

In your application for an extension of time, you must include one or more declarations explaining why you couldn’t meet the deadline.

Declarations are written statements of fact. You can use our declaration form to make sure you meet all our requirements.

The declaration(s) you supply with your extension of time request must:

  • give a full and frank disclosure of all the relevant circumstances
  • describe the chain of events that led to the action not being taken within the required time. You may need declarations from other people who have direct knowledge of the events
  • explain the error or omission made or the circumstances beyond your control which caused you to miss the deadline
  • explain any delays which occurred in the time between when you found out there was a problem and when you made the application for an extension of time
  • include copies of any documents which support the explanations

Opposition to an extension of time

If you apply for an extension of time for more than three months, we will advertise it in the Australian Official Journal of Designs. This gives other people an opportunity to oppose the validity of the extension.

Fees

When you request an extension of time, you will need to pay a fee.

The cost for an extension of time will depend on the circumstances.

  • You will not need to pay a fee if you are asking for an extension of time because of an error or omission made by us.
  • If you are applying for an extension because of an error or omission made by you or your agent, the fee increases for every month of extension required.
  • If you are applying for an extension because of circumstances beyond your control, there is a single fee regardless of the length of the extension sought.

Learn more about fees.