Performance

decorative header image

Our performance measures help us to assess whether we are meeting our goals and achieving our purpose as an agency. They reflect our responsibilities as a regulator, administrator and Commonwealth entity.

IP Australia’s regulatory functions are set out in the Trade Marks Act 1995, Patents Act 1990, Designs Act 2003, Plant Breeder’s Act 1994 and the Olympic Insignia Protection Act 1987. Under these acts, we are responsible for the regulation of IP rights including trade marks, patents, designs and plant breeder’s rights, as well as the Australian and New Zealand patent attorney and Australian trade mark attorney professions. We are committed to continually improving and updating our systems and processes in ways that support reduced costs for our customers and improve access to the IP system.

Our approach to fulfilling our regulatory responsibility is underpinned by the Australian Government’s best practice principles for regulation:

  1. Continuous improvement and building trust: we adopt a whole-of-system perspective, continuously improving performance, capability and culture to build trust and confidence in Australia’s regulatory settings.
  2. Risk based and data driven: we manage risks proportionately, maintain essential safeguards while minimising regulatory burden, and leverage data and digital technology to support those we regulate to comply and grow.
  3. Collaboration and engagement: we are transparent and responsive communicators, implementing regulations in a modern and collaborative way.

In accordance with the Public Governance, Performance and Accountability Act 2013, and Public Governance, Performance and Accountability Rule 2014, we have set out the performance measures that we use to determine whether we are achieving our purpose. These measures are aligned to the outcomes, programs and key activities presented in our Portfolio Budget Statements.

Performance measures

The timeliness, quality, satisfaction and availability commitments are measured by:

  • the timeliness of IP rights products and services.
  • customer satisfaction with the administration of the IP system.
  • customer satisfaction with the quality of our products and services.
  • the availability of online services portal for customers.

Why this matters:

Our customers are at the core of everything we do. These are the timeliness, quality, satisfaction and availability metrics that matter to customers. This performance measure tracks the service we are providing to customers and ensures that we are meeting their expectations.

Targets:

Meet the key organisational performance metrics for timeliness, quality, satisfaction and availability. All key metrics must be met for the performance measure to be met.

Reporting period:

2024–25 to 2027–28

Methodology:

The timeliness of IP rights will be measured through the proportion of IP right reports in patents, trade marks, designs, and plant breeder’s rights that meet the relevant timeframes as set out below.

Patents

  • We will issue:
  • 85% of international search reports (for one invention) in 10 weeks.
  • 95% of international search reports (for all search requests) in 12 weeks.
  • 85% of international-type search reports (for one invention where the original request is compliant) in 6 weeks.
  • 95% of international-type search reports (for all search requests from receiving a compliant request) in 8 weeks.

Designs

  • We will issue:
  • 85% of first reports on registration requests in 8 weeks.
  • 95% of first reports on registration requests in 9 weeks.
  • 85% of first reports from examination requests in 13 weeks.
  • 95% of first reports from examination requests in 16 weeks.

Trade marks

  • We will issue:
    • 85% of first reports on new applications in 13 weeks.
    • 95% of first reports on new applications in 18 weeks.
    • 95% of Headstart Part 1 assessments in 5 days.
    • 97% of Headstart Part 1 assessments in 7 days.

Plant breeder’s rights

  • We will issue:
    • 85% of initial examination reports in 8 weeks.
    • 85% of further examination reports in 4 weeks.

The overall timeliness of IP rights will be met if 85% or greater of all timeliness measures are achieved (12 out of 14 timeliness measures).

Our timeframes have been determined in consultation with our customers to meet their needs, and to ensure that all applications are processed with due diligence and quality assurance. IP Australia is committed to high quality and timely administration of the IP rights system and to continuous improvement.

Customer satisfaction with the quality of our products and services: will be measured through customer research undertaken by IP Australia.

  • Greater than 85% of customers are satisfied with the quality of our products and services.

Customer satisfaction with the administration of the IP System: will be measured through customer research undertaken by IP Australia

  • Greater than 85% of customers are satisfied overall with IP Australia.
  • Greater than 85% of customers are satisfied with IP Australia’s administration of the IP system.

The availability of online services portal for customers: will be measured on actual system uptime (including planned maintenance periods) of the IP Australia online services portal.

  • Greater than 98% online services portal availability for customers.

PBS links: Outcome 1, Program 1 — IP Rights Administration and Professional Registration.

Regulator performance principles:

  • Principle 1: Continuous improvement and building trust
  • Principle 2: Risk based and data driven
  • Principle 3: Collaboration and engagement

Data sources: Timeliness data is sourced from IP rights production databases. Customer satisfaction data is sourced from customer research conducted by IP Australia.

Performance measure type: Composite measure including measures of efficiency.

Key activity: Administer patents, trade marks, designs and plant breeder’s rights legislation.

Strategic objective:

1.1 Increase trust and confidence by maintaining a high-quality, customer-centric, efficient IP rights system.

2.1 Increase customer experience excellence in the delivery of IP rights services.

Changes to the performance measure:

Under Customer satisfaction with the administration of the IP system, survey question 2 was amended to improve consistency across the survey.

All targets for customer satisfaction have been increased from 80% to 85%. This better reflects our historically high performance and ongoing commitment to customer service excellence.

While the measures for designs have not changed, the terminology has been amended. The previous ‘formalities reports on new applications’ has been changed to ‘first reports on registration requests’. This change was made to best reflect the type of work that is being conducted for our customers.

The performance measures for plant breeder’s rights have not changed, but methodology to calculate data has changed with the introduction of automated reporting from the new system ‘Plantbase’.

While there are no changes made to the measure or target for the availability of online services portal for customers, the methodology and calculation has changed as automated reporting from Dynatrace has replaced previous manual calculations.

Why this matters:

Our regulation of the Trans-Tasman IP Attorney regime is fully cost-recovered and we must ensure that we are administering the registration system as efficiently and effectively as possible.

Targets:
100% of applications are processed within the required timeframe.

Reporting period:

2024–25 to 2027–28

Methodology:

  • Data is recorded daily and reported in Q2 and Q4.
  • Data is available the day after the completion of each quarter.

PBS links: Outcome 1, Program 1 — IP Rights Administration and Professional Registration.

Regulator performance principles:

  • Principle 1: Continuous improvement and building trust
  • Principle 2: Risk based and data driven

Data sources: The Trans-Tasman Intellectual Property Attorneys Board database.

Performance measure type: Measure of efficiency.

Key activity:

  • Administer the trans-Tasman IP attorney regime for Australian and New Zealand patents attorneys, and Australian trade marks attorneys.

Strategic objective:

1.1 Increase trust and confidence by maintaining a high-quality, customer-centric, efficient IP rights system.

2.2 Increase access to and benefits from IP rights ownership.

Changes to the performance measure: Nil.

Improved awareness of the IP rights system measured by:

  • Effective delivery of public education and awareness programs, which promote the importance of IP and provide Australians with the tools they require to make informed decisions.

Why this matters:

We play an important role in raising awareness of the economic potential of IP. We must ensure our public education and awareness activities are effective so that they support Australian businesses to make informed decisions on their IP.

Targets:

Meet the key performance metrics for public education and awareness programs

  • Reach: increased volume of partners and multipliers.
  • Engagement: increased number of participants engaging with online material (website, newsletter, and social media).
  • Satisfaction: 85%+ of participants are satisfied with the education and awareness activity delivered.
  • Knowledge: 85%+ of participants identify an increased understanding and awareness of the IP system.

Reporting period:

2024–25 to 2027–28

Methodology:

  • Reach: increased volume of partners and multipliers will be measured by gathering several data points and identifying an upward trend.
  • Engagement: increased number of participants engaging with online material (website, newsletter, and social media) will be measured by gathering several data points and identifying an upward trend.
  • Knowledge: increased customer knowledge of the IP system will be measured by research with 80%+ of respondents identifying an increased knowledge of the IP system.
  • Satisfaction: will be measured by determining the number of survey participants who report being either satisfied, or highly satisfied with the education or awareness activity delivered.

All targets are to be met for the performance measure to be met overall.

PBS links: Outcome 1, Program 2 — Education and awareness

Regulator performance principles: Principle 1: Continuous improvement and building trust

Data sources: Customer research undertaken by IP Australia, including customer surveys.

Performance measure type: Composite measure including measures of effectiveness.

Key activity:

  • Deliver proactive outreach programs that inform and educate Australian businesses, with emphasis on small and medium enterprises.
  • Build and leverage partnerships with government, industry partners and universities to promote the IP system and maximise impact.

Strategic objective:

1.2 Increase awareness of the IP system.

Changes to the performance measure:

Target 2 from the 2023-24 Strategic Corporate Plan: “An increase in the percentage of customers who respond that their level of knowledge of the IP system is either adequate or extensive from the 2022-23 result” has been removed. The audience surveyed were an existing audience, of existing customers, so not a true indication of any increase of knowledge of the IP system. Useful information about the success/impact of performance measure 3 comes from an increased awareness of the IP system in audiences who are not existing customers. This was a legacy metric that predates the introduction of more appropriate qualitative measures that better demonstrate the impact of this work (e.g. reach, impact, engagement, etc).

All targets for customer satisfaction have been increased from 80% to 85%. This better reflects our historically high performance and ongoing commitment to customer service excellence.

Why this matters: We provide advice to support policy and legislative change that fosters Australian innovation and the IP system. We strive to provide high-quality and timely advice to all stakeholders, including the Minister’s Office.

High quality advice measured by both:

  1. The quality of ministerial briefs and correspondence delivered to the Minister’s Office.
  2. The timeliness of ministerial briefs and correspondence delivered to the Minister’s Office.

Targets:

  1. Ministerial briefs and correspondence delivered to the Minister’s Office are of a high quality with less than 10% resubmitted due to error or omission.
  2. 100% of ministerial briefs and correspondence requested by the Minister’s Office are delivered within the agreed timeframes.

Reporting period:

2024–25 to 2027–28

Methodology:

High-quality: measured by determining the number of ministerial briefs and correspondence delivered to the Minister’s Office that need to be resubmitted due to error or omission.

Delivered within the agreed timeframes: measured by determining whether briefs delivered to the Minister’s Office are delivered within the agreed timeframes.

All targets are to be met for the performance measure to be met overall.

PBS links: Outcome 1, Program 3 — Advice to Government and International Engagement

Regulator performance principles:

Principle 3: Collaboration and engagement

Data sources: Ministerial briefs and correspondence database.

Performance measure type: Measures of outputs and efficiency.

Key activity:

Provide high quality advice to the government on the development of IP policy and legislation.

Strategic objective:

1.3 Increase our reputation, influence and contribution to the IP eco-system.

Change/s to the performance measure: Nil