20 January 2026
What businesses get wrong about lapsed rights — and why it matters now
At the start of a new year, many businesses reassess their brands, products and IP portfolios. New launches, market entries and clean-ups are common. What’s often overlooked is the risk sitting in IP that appears abandoned.
An IP right that looks inactive is not always gone and treating it as a non-issue can create avoidable legal and commercial exposure.
Trade marks: silence doesn’t mean surrender
Trade marks may be removed from registers or sit unused for long periods, yet still carry residual goodwill. In some cases, earlier rights can be revived or enforced, particularly where consumer recognition lingers.
For a new brand owner, this can mean objections, opposition proceedings, or reputational damage — even if the mark appeared “clear” at first glance.
Patents: lapses are not always final
Patent rights don’t necessarily end the moment a renewal fee is missed.
Australian patent law allows for grace periods and extensions of time where non-payment was unintentional. If a patent is restored, it becomes enforceable again — including against parties who began using the invention during the lapse.
This is a common blind spot in technical due diligence.
Designs: expiry doesn’t always end protection
Registered designs can often be reinstated after lapses. And even when design protection genuinely ends, the commercial reality may not.
Product shapes, configurations and visual features can continue to be protected through other IP rights, including trade marks. In addition, overseas design registrations may still be in force, creating cross-border risk for growing businesses.
What to take into the year ahead
Assumptions about “abandoned” IP are a recurring source of disputes and delays. As part of any IP review, launch or acquisition strategy, businesses should:
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verify whether lapsed rights are capable of revival
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assess residual goodwill and reputation risks
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consider overseas IP exposure, not just local registers
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align abandonment decisions with long-term brand and commercial strategy
IP that looks inactive can still affect your freedom to operate.
Start the year with confidence
At IP Solved, we help businesses identify hidden IP risks before they become costly problems — whether that means reviving rights, clearing new brands, or restructuring portfolios with intent.
If you’re planning a launch, expansion or IP clean-up this year, now is the time to check what’s really still alive.
Talk to IP Solved and make sure your IP decisions are based on clarity, not assumptions.
