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IPA design refunds
IPA design refunds — IP Australia Designs Examiners' Manual – 3.7. Fees: Refunds
Beta. Legal information, not legal advice. LEGALDIGM is not a law firm. Check the official source for the current text.
Refunds/waivers are applicable in circumstances relating to overpayments, office error or when a customer’s request for a refund has been approved by the appropriate delegate.
IP Australia will automatically refund money when:
the customer has submitted a payment and request for something IP Australia does not do
the customer has submitted a payment and request for something that is not legally or practically capable of being done
the fee is overpaid
other refunds are possible, though only when approved by the delegate. Applications are considered on a case-by-case basis, taking into account the reasoning supplied and the relevant circumstances.
Underpayment of fees
An action will not be carried out until the fee is paid in full.
Waiver or exemption of fees
Fees will only be waived in part or in full in rare circumstances.
Office error
If a delegate makes an error that results in a fee, this amount will be refunded.
Refunds and minimum filing requirements
If a design application does not meet the minimum filing requirements (MFRs) but the filing fee has been paid, a notice is issued outlining what the applicant needs to provide to meet the MFRs. They then have 2 months to respond. At the end of the 2 months, if they have not provided these details, the filing fee is refunded.
