Streamlining and simplifying IP Regulation

Results updated 28 Sep 2026

The Australian Government is committed to improving productivity growth for all Australians. Part of this agenda is better regulation to remove unnecessary compliance burdens.

Earlier this year, IP Australia sought views on a range of proposals to streamline and simplify Australia’s IP system. Thank you to all who participated. Stakeholders showed strong interest in the measures presented, and we appreciate your input as we continue this work.

UPDATE: Regulatory Reform Omnibus Act 2026 and proposed implementing regulations

The Regulatory Reform Omnibus Act 2026 (Act) received Royal Assent on 18 September 2026. Schedule 1 to the Act amends the Trade Marks Act 1995, the Plant Breeder’s Rights Act 1994 (PBR Act) and the Patents Act 1990 to reduce compliance burdens and ensure better IP regulation.

The changes will:

• help keep Australia’s trade mark legislation aligned with international standards
• improve plant breeder’s rights renewal and surrender processes
• enable future regulations to address the patent and trade mark attorney re-registration loophole
• enable future regulations to give the Registrar of Trade Marks greater flexibility when awarding costs in contested trade mark proceedings.

IP Australia will consult publicly on draft regulations before implementing changes relating to attorney re-registration and costs in contested trade mark proceedings.

What we heard earlier this year:

We received submissions from a wide range of stakeholders, including small businesses, individuals, universities, plant breeders, IP attorneys, and professional and industry associations.

Overall, stakeholders broadly supported the goal to simplify Australia’s IP system and reduce unnecessary administrative burden and costs. Some stakeholders also encouraged IP Australia to continue to consider broader policy reforms that could benefit business.

Feedback on proposals addressed in the Act and its implementing regulations

Two of these proposals had unanimous support:

• updating references to the Madrid Protocol, Madrid Regulations and the Nice Agreement (Proposal 5)
• introducing a grace period for PBR renewal fees (Proposal 10).

There was also strong support for awarding costs above the schedule in trade mark oppositions (Proposal 4) and closing the attorney re-registration loophole (Proposal 12). There will be further public consultation before these measures are implemented.

Feedback on other proposals

Other proposals and policy issues in the consultation paper were mostly supported or attracted mixed views.

Some stakeholders had reservations about the lack of detail or evidence to support certain proposals. For example, cautioning against introducing shorter response deadlines or fixed limits on responses to examination reports for patents and trade marks, citing a range of reasons for delays in responding to reports. Many challenged the evidence supporting concerns over the current patent timeframes raised in Policy issue 2. IP Australia acknowledges that this was a high-level consultation and further consideration and consultation will be needed for such proposals, if they are to be taken forward.

Several submissions suggested alternative approaches to implement the policy intent or raised new policy ideas. IP Australia will consider these suggestions carefully and, where appropriate, include them on the Policy Register for future consideration.

Read more about all the proposals in the consultation paper here.

What happens next?

IP Australia will continue to work with stakeholders and look for opportunities to progress reforms that simplify and streamline Australia’s IP system in future Omnibus Bills, as part of the Australian Government’s productivity agenda.

As is the case for all work within government, what we take forward is subject to the Government’s legislative priorities. More complex proposals and ideas requiring further development and analysis will be considered at a later stage. For more information, including when these changes take effect, visit the Streamlining and simplifying IP regulation webpage. 

More information

You can contact us at consultation@ipaustralia.gov.au for more information about this consultation.

For more information on a range of policy issues IP Australia is exploring, see the Policy Register.

Disclaimer: The material on this webpage is provided for general information only. For further information please see IP Australia's Disclaimer which applies to all content on our website.

Published responses

View submitted responses where consent has been given to publish the response.