Streamlining and simplifying IP Regulation

Closes 2 Apr 2026

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Patents

Proposals for streamlining and simplifying patents law fall into two categories:

A: Proposals for reform (top of this page), where IP Australia seeks your views on an initial preferred solution.  

B. Issues for further investigation (further down this page), where IP Australia has not yet formed a view on a preferred approach. 

We welcome your comments on both sections.

A. Proposals for reform

If stakeholders support a preferred solution, IP Australia intends to progress the reform at the next available opportunity, subject to Government priorities.

1. Do you agree with expanding the definition of exclusive licensees for patents to include partial exclusive licensees (Proposal 1 of the paper)?

This proposal would expand the definition of patents ‘exclusive licensee’ to include partial exclusive licensees to better reflect the commercial reality of IP licensing arrangements. 

Page 8 of the consultation paper provides more information about Proposal 1.

2. Do you agree with shortening oppositions for pharmaceutical patent extensions of term, where appropriate (Proposal 2 of the paper)?

This proposal would permit the Commissioner of Patents to shorten oppositions to extensions of term for pharmaceutical patents to avoid unnecessary delays of market entry.

Page 8 of the consultation paper provides more information about Proposal 2.

3. Do you agree with introducing an examination report response system for patents (Proposal 3 in the paper)?

This proposal would introduce a system where applicants have a set period of time (e.g. 2 months) to respond to each examination report, with a capped number of responses before refusal is considered.

Page 9 of the consultation paper provides more information about Proposal 3.

4. Do you agree with expressly allowing virtual marking of products protected by patents (Proposal 9 of the paper)?

This proposal would enable patent owners to more efficiently use virtual marks for their products to put the public on notice that they have IP rights.

Page 13 of the consultation paper provides more information about Proposal 9.

B. Issues for further investigation

This section sets out proposals where IP Australia does not have a preliminary view on a preferred solution. We seek your views on whether a problem exists, and if so, how it might be addressed.

After considering stakeholder comments, IP Australia may develop preferred solutions and, subject to government priorities, may progress these issues in a later round of productivity enhancing reforms (i.e. after the reforms identified above have been progressed).
 

1. Policy issue 1 seeks views on possible changes to extensions of time.

This issue looks at whether we should remove patent requirements to file a supporting declaration for short extensions of time and if we should give an automatic short extension of time if the relevant deadline has not yet passed. 

Page 17 of the consultation paper provides more information about Policy issue 1.

2. Policy issue 2 seeks views about reforming patent timeframes.

This issue looks at whether we should provide a mechanism to ensure exam timeframes strike an appropriate balance between applicant’s desire for flexibility and third parties’ desire for certainty. 

Page 17 of the consultation paper provides more information about Policy Issue 2.