At present designs, patents and trade mark applicants may pay renewal fees up to six months after the renewal date, as long as late fees are also paid. However, Plant Breeder's Rights applicants have no such renewal grace period and must pay renewal fees by the anniversary.
The four IP rights sometimes use different terminology for what is essentially the same status or process.
In its 2015 'Review of the Designs System' in Australia, the former Advisory Council on Intellectual Property (ACIP) recommended (Recommendation 18(i)) that the status of a design right during the grace period for payment of the renewal fee be clarified as proposed in IP Australia’s streamlining proposals in 2015 (recommendation 18i). The government accepted the recommendation in May 2016.
On hold 04-Sept-2017
Policy Development 01-Jul-2019
Consultation 31-Oct-2019 to 20-Dec-2019
Policy development 20-Dec-2019
On hold 12-May 2020
Public consultation on this issue first took place from November 2016 - February 2017. Currently the Designs aspect of this proposal is progressing.
IP Australia also conducted a public consultation from 31 October to 20 December 2019 on policy issues being considered for inclusion in a Designs Bill in 2020 which considered the grace period for Designs renewals. IP Australia has published the submissions received during consultation along with our response to those submissions.
We are currently consulting on an exposure draft of the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 and the Designs Amendment (Advisory Council on Intellectual Property Response) Regulations 2020 along with the accompanying draft Explanatory Memorandum and draft Explanatory Statement. The issue of clarifying the status of a registered design during the grace period for renewal is included in the exposure draft legislation, and will be included in a 2020 Designs Bill, subject to Government priorities.
Consultation closes on 28 August 2020.
If you wish to provide us with feedback on this issue in regarding the other IP Rights, we invite you to use the form below.