Plant Breeder’s Rights Patents Trademarks Designs Option A1 – no No grace period. 6 month grace period and 6 month grace period with 6 month grace period with patent status undefined in the infringement exemption. design status undefined in the change legislation. legislation. Option A2 – Amend legislation to: Amend legislation to clarify No significant change. Amend legislation to clarify that: that: grace period for Introduce 6 month grace period Trademark remains ‘live’ all rights, rights Introduce a fee for late payment the patent remains ‘live’ and infringement exemption the design remains ‘live’ remain ‘live’ of renewal fee during the grace period and applies during the grace during the grace period during grace Clarify that the PBR remains ‘live’ ceases at the anniversary if period. and period during the grace period and the fee is not paid. ceases at the anniversary Status terms would be ceases at the anniversary if the if the fee is not paid. Patent may be infringed during aligned across the rights fee is not paid. the grace period where possible. Design may be infringed Align the status terms with other during the grace period. rights where possible Status terms would be aligned across the rights where Status terms would be possible. aligned where possible. Option A3 – Amend legislation to: Amend legislation to: Amend legislation to: Amend legislation to: grace period for Introduce 6 month grace period Clarify that the patent Clarify that the Clarify that the design all rights, rights with a late fee ceases if renewal fee is not trademark ceases if ceases if renewal fee is cease when paid by due date. renewal fee is not paid not paid by due date. Clarify that the PBR ceases if renewal not paid by due date. renewal fee is not paid by due Clarify that the patent can Clarify that the design on time but can date. be reinstated if renewal fee Clarify that the can be reinstated if be reinstated if and late fee is paid before trademark can be renewal fee and late fee Provide means for reinstating fee is paid within end of grace period. reinstated if renewal fee is paid before end of PBR if renewal fee and late fee is grace period and late fee is paid grace period. paid before end of grace period. Provide exemption from before end of grace infringement for acts done period. Provide exemption from between renewal date and infringement for acts done date fee paid. between renewal date and date fee paid.
Plant Breeder’s Rights Patents Trademarks Designs Option A1 – no change No grace period. 6 month grace period and patent status undefined in the legislation. 6 month grace period with infringement exemption. 6 month grace period with design status undefined in the legislation. Option A2 – grace period for all rights, rights remain ‘live’ during grace period Amend legislation to: Introduce 6 month grace period Introduce a fee for late payment of renewal fee Clarify that the PBR remains ‘live’ during the grace period and ceases at the anniversary if the fee is not paid. Align the status terms with other rights where possible Amend legislation to clarify that: the patent remains ‘live’ during the grace period and ceases at the anniversary if the fee is not paid. Patent may be infringed during the grace period Status terms would be aligned across the rights where possible. No significant change. Trademark remains ‘live’ and infringement exemption applies during the grace period. Status terms would be aligned across the rights where possible. Amend legislation to clarify that: the design remains ‘live’ during the grace period and ceases at the anniversary if the fee is not paid. Design may be infringed during the grace period. Status terms would be aligned where possible. Option A3 – grace period for all rights, rights cease when renewal not paid on time but can be reinstated if fee is paid within grace period Amend legislation to: Introduce 6 month grace period with a late fee Clarify that the PBR ceases if renewal fee is not paid by due date. Provide means for reinstating PBR if renewal fee and late fee is paid before end of grace period. Provide exemption from infringement for acts done between renewal date and date fee paid. Amend legislation to: Clarify that the patent ceases if renewal fee is not paid by due date. Clarify that the patent can be reinstated if renewal fee and late fee is paid before end of grace period. Provide exemption from infringement for acts done between renewal date and date fee paid. Amend legislation to: Clarify that the trademark ceases if renewal fee is not paid by due date. Clarify that the trademark can be reinstated if renewal fee and late fee is paid before end of grace period. Amend legislation to: Clarify that the design ceases if renewal fee is not paid by due date. Clarify that the design can be reinstated if renewal fee and late fee is paid before end of grace period.
streamline-ip-process-consultation.docx