PBR rights holders and applicants can apply to extend a number of time periods in the legislation under various circumstances. The extension of time system needs to balance the interest of applicants and rights owners, who may risk losing their rights by not completing actions on time, with the interests of third parties, who need certainty about whether IP rights are in force.
There are two broad issues with the extension of time system. The first issue is the differences in the number and types of extensions available between the IP rights. Currently, PBR extensions are available for only a limited number of actions as listed above, unlike patents, trade marks and designs, which have extensions applying to a broad range of statutory actions and circumstances.
The second issue is the administrative burden placed on customers and IP Australia. Short extensions rarely have a significant impact on third parties, yet require the same declarations from applicants and assessment by IP Australia as long extensions.
Identified for action 24 June 2021
IP Australia welcomes feedback and evidence on this issue to support possible further work.
Patents, Trade Marks and Designs
If you wish to provide us with feedback on this issue in relation to the other IP rights, we invite you to refer to policy ID 63 and use the form provided.