The Commonwealth of Australia

●April 22　Source: www.ipaustralia.gov.au

IP Australia recognises that many of its customers may be struggling with the impacts of COVID-19. The office is committed to supporting customers and is here to help through these difficult times. The requests and enquiries of customers will be addressed as quickly during this time.

As the COVID-19 situation is rapidly evolving, IP Australia recommends checking this page regularly for updates. Its online services and contact centre are available:

●IP Australia Online Services available 24x7

●Phone: 1300 651 010 (9am to 5pm, Monday to Friday) Canberra time

●International: +61 2 6283 2999

Extensions of time

A streamlined process for extension of time requests is now available. Associated fees are now waived or refunded to assist those impacted by the COVID-19 outbreak.

From 22 April 2020, customers impacted by COVID-19 can submit a request for extension of time through eServices based on standard text the office has made available.

An extension of time of up to three months is available and is free of charge.

This arrangement applies to most Patents, Trade Marks, and Designs extension of time requests. For Plant Breeder’s Rights (PBR) extensions of time, see the PBR Frequently Asked Questions page. This arrangement does not apply to extensions of time for payment of renewal fees.

IP Australia is fast-tracking IT system upgrades to further streamline this process and allow fees to be waived up front. Until these upgrades are completed – before the end of April – the normal fee will need to be paid by customers through eServices and will be refunded by IP Australia.

These arrangements will be in place until at least 31 May 2020.

Filing documents and making payments in person

In the interest of the safety of customers, staff and the public, most of staff are now working from home. While these temporary arrangements are in place, as of 1 April 2020, Discovery House, 47 Bowes Street, Phillip, ACT 2606 will not be able to accept documents or payments in person. Please use the online eServices platform available 24x7 for filing and making payments.

Corresponding with IP Australia

IP Australia understands that businesses may have been impacted due to COVID-19. If postal services in location the business are interrupted by the pandemic, official correspondence from IP Australia may not reach any customer. An alternative to receiving correspondence is through the online services platform which delivers correspondence digitally. If businesses have not previously registered through eServices, this would be a good option to ensure businesses continue to get important and relevant correspondence from IP Australia.

Opposition and hearing policy

To comply with COVID-19 restriction and ensure the safety of customers, staff and the public, hearings are now being conducted by video conference, telephone or written submission. For parties who have scheduled face-to-face hearings, IP Australia is in the process of contacting the party regarding these options. All IP Australia services, including requests for opposition, continue to operate as usual.

Frequently Asked Questions

IP Australia understands that stakeholders may have a range of queries around IP Right during this pandemic. IP Australia has created specific Frequently Asked Questions (FAQs) to provide assistance. If stakeholders are not sure about circumstance, please reach out to the Contact Centre. IP Australia will continue to update these FAQs with the latest information related  IP Right of stakeholders.

●Patents FAQs

●Trade Marks and Designs FAQs

●Plant Breeder’s Rights FAQs

●Extensions of time FAQs

Australian Government financial support

The Australian Government has announced support to businesses impacted by COVID-19. For more information, please visit www.business.gov.au.

Further information

The Department of Health currently has an active alert monitoring the outbreak of coronavirus (COVID-19). The Australian Government, and in turn IP Australia is taking this issue seriously, activating necessary precautions in line with our Business Continuity Plan (BCP).

BCP ensures IP Australia monitors and takes appropriate actions to safeguard its staff and the services  it provides customers.

●April 8　Source: www.lexology.com

It is still business as usual at IP Australia. However, changes have been made to in person services in wake of COVID-19 restrictions such as hearings and in person payment/ lodgement. Most IP Australia personnel are now working from home. The latest update from 1 April 2020 is reproduced below (excluding a WIPO section):

Open for business

IP Australia continues to provide its services. It is making changes where needed to ensure the office complies with COVID-19 restrictions. For example, the office is now conducting hearings by video conferencing, telephone or written submissions.

IP Australia understands that the effects of the COVID-19 outbreak may impact the ability of applicants and their representatives to process applications. Further information for applicants is provided below.

As the COVID-19 situation is rapidly evolving, the office recommends checking this page regularly for updates. Its online services and contact centre are available:

●IP Australia Online Services available 24×7

●Phone: 1300 651 010 (9am to 5pm, Monday to Friday) Canberra time

●International: +61 2 6283 2999

Filing of documents and making payments

Most of IP Australia’s staff are now working from home which means from 1 April 2020, Discovery House, 47 Bowes Street, Phillip, ACT 2606 will no longer be able to accept documents or payments in person. Please use eServices for filing and payments.

●March 30　Source: www.mondaq.com

All services of the intellectual property office of Australia are currently operating as usual and all deadlines are not automatically extended. Where an applicant cannot carry out an action within time due to the COVID-19 outbreak an extension of time may be available.

Requests for extensions of time will need to be made in the normal way, accompanied where required by a declaration setting out how the COVID-19 outbreak interfered with responding in time. Requests for waiver or refund of the fee for the extension of time will be considered on a case by case basis.

Applicants should note that by law, some time periods cannot be extended. Applicants should seek advice if they are uncertain whether an extension of time is possible, and not assume that an extension will automatically be granted due to the outbreak.