Patents (Approved Means for Paying a Fee) Determination 2026
Patents (Means and Form of Filing Documents and Evidence) (Opposition and Other Proceedings) Instrument 2026
Patents (Means and Form of Filing Documents) Instrument 2026
The Commissioner of Patents, by way of non-legislative instruments, may:
- determine the means for filing a document with the Patent Office,
- give a direction specifying the form in which a document is to be filed,
- give a direction in relation to the filing of evidence in connection with a matter arising under the Patents Act,
- determine the means for paying a fee, and
- determine the formalities requirements in relation to a complete application.
IP Australia has published 3 instruments in the Official Journal of Patents in preparation for their commencement on 1 September 2026.
The instruments set out the requirements in relation to:
- the approved and preferred means of paying fees:
- Patents (Approved Means for Paying a Fee) Determination 2026.
- the means and form of filing evidence and opposition documents:
- Patents (Means and Form of Filing Documents and Evidence) (Opposition and Other Proceedings) Instrument 2026.
- the means and form of filing documents:
- Patents (Means and Form of Filing Documents) Instrument 2026.
The instruments change the requirements that presently apply in relation to these matters in the following manner:
- The approved means for paying a fee now includes debit card as an approved means of payment (via Visa or Mastercard) and removes EFTPOS and accounts for selected services as options.
- The means and form for filing documents in oppositions and other proceedings involves no substantive amendments.
- The means and form of filing documents instrument updates our mechanism for alternative lodgement where there is an outage in our digital lodgement systems. Our Alternative Lodgement Process involves the use of facsimile (see Declaration for use of emergency fax). Furthermore, we now designate a USB drive as an official physical means for filing.
Copies of the instruments can be found at IP legislation in Australia.
The Patent Manual of Practice and Procedure and the Objective Connect User Guide are available for users if they are uncertain what requirements apply to their situation.
For more information, please email MDB-QEP@ipaustralia.gov.au.