In response to the COVID-19 pandemic, IP Australia created a mechanism for users of the Australian intellectual property system who had been adversely affected by the pandemic to apply for an extension of time with a simple online declaration and without paying any official fee, with the extension then effectively being granted automatically.
This extension mechanism – called the “streamlined” extension – required significant effort by IP Australia to create and implement, both from an administrative perspective as well as from a technical (IT) perspective. Yet this was achieved within a matter of weeks and has since provided users of the IP system in Australia with much-needed support many thousands of times during the difficulties of the past year.
In view of the fact that individuals and businesses alike have since had time to adapt to the “new normal” that the pandemic has left us, and given that vaccines are now starting to be distributed around the world, IP Australia has decided only to continue to provide the streamlined extensions of time until 31 March 2021 and that, subject to any developments in the pandemic, it will then be appropriate for the streamlined process to end.
After 31 March 2021, extensions of time for users of the Australian IP system who are impacted by the COVID-19 pandemic will still be available on a case-by-case basis. The Commissioner of Patents and the Registrar of Trade Marks and Designs will consider the impacts of the COVID-19 pandemic when determining whether to grant any extensions applied for. However, a written declaration explaining why the person cannot comply with a due date will be required in the usual manner, and extension fees will again be payable. On 31 March IP Australia will also discontinue its trade marks support and assistance service for businesses affected by the pandemic. Updates from IP Australia are available online. Those regarding streamlined EOT measures can be found here, and trade marks support service updates can be found here.
Wrays considers that IP Australia can be proud of its efforts to support individuals and businesses using the IP system in Australia during this terrible pandemic.