IP Australia is introducing changes to the renewal fee regime for plant breeder’s rights (PBR) following the recent assent of the Regulatory Reform Omnibus Act 2026.
The changes will take effect from 18 September 2027 and introduce a new grace period for paying annual renewal fees, providing PBR owners with a useful safety net if a renewal deadline is missed.
A new grace period for late renewal fees will be introduced
To maintain their granted right, PBR owners need to pay the renewal fee by the grant anniversary each year.
Under upcoming changes, PBR owners will have an extended payment period (grace period) to pay their annual renewal fee. This new grace period will apply to renewal fees that become due on or after 18 September 2027.
Under new section 51A of the Plant Breeder’s Rights Act 1994, a PBR will cease immediately after the anniversary of its grant unless the owner:
- pays the renewal fee within the normal payment period; or
- pays both the renewal fee and the required additional fee within the new extended payment period.
In practical terms, this means that missing the usual renewal deadline will not necessarily lead to cancellation of the PBR. There will be an additional opportunity to maintain the PBR, provided the required payments are made within the extended period.
How long will the grace period be?
IP Australia still needs to amend the Plant Breeder’s Rights Regulations 1994 to put the new system into practice. Although the details haven’t been finalised, current stakeholders have suggested a six-month extended payment period, with an additional fee of A$100 being payable for each month that the renewal fee is late. This would align the PBR renewal payment period with the approach already used for patents in Australia.
What this change means for PBR owners
This change provides a welcome safety net for PBR owners who inadvertently miss a renewal deadline; however, we still recommend paying renewal fees by the usual deadline where possible.
Relying on the extended payment period will mean paying an additional fee, and failure to make the required payments within the extended period will result in the PBR being cancelled.
We will monitor the regulations as they are finalised and provide further updates once the length of the extended payment period and the associated fees are confirmed.
