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Extending Australian patent and trade mark deadlines amid COVID-19 (further update)

Three-month extensions of time for COVID-19 related delays are now freely available for most Australian patent and trade mark deadlines.

Deadlines that cannot be met due to COVID-19 related ‘circumstances beyond the control of the person’ can now be extended with a simple electronic request via an electronic portal and without official fees.

Justifying the extension is now a matter of ticking a box. From the electronic portal:

These new arrangements apply to requests for extension filed by 31 May 2020 and this date may well be extended in due course. IP Australia (our Intellectual Property Office) plans to regularly review the new arrangement considering the severity of the COVID-19 disruptions.

In addition to these new arrangements, Australia’s (generous) ordinary extension provisions remain in place (see here).

Authored by

Ben Mott

Mechanical Engineer & Patent Attorney