Australia considers virtual IP marking: QR codes for patents, PBR and designs

IP Australia’s recent public consultation ‘Streamlining and simplifying IP regulation’, (submissions closed 2 April 2026), has put virtual marking of IP rights firmly on the legislative agenda. Proposal 9 would amend the Patents Act 1990 (Cth), Plant Breeder’s Rights Act 1994 (Cth) and Designs Act 2003 (Cth) to expressly permit rights holders to replace or supplement physical product markings with virtual marks such as URLs, QR codes or barcodes that link to an up-to-date online register maintained by or on behalf of the rights holder.

Virtual marking is already recognised and used in jurisdictions such as the United States and the United Kingdom. In the United States, the patent marking statute expressly allows products to be marked with ‘pat’. together with a free, publicly accessible web address that links the patented article to the relevant patent number(s). In the United Kingdom, official guidance recognises ‘webmarking’ where a web address directs users to a page that clearly associates the product with the applicable patent number(s). In both systems, virtual marking operates as a practical alternative to physical marking, enabling clear public notice while reducing the burden of updating markings as patent coverage changes.  Introducing an express virtual marking regime would align Australia with these jurisdictions and reduce compliance obstacles for rights holders operating in global markets.

Under existing law, marking a product as patented or design registered plays an important notice function by alerting competitors to the existence of IP rights and undermining claims of innocent infringement. However, physical marking requires manufacturers to actively update product labels as rights change, for example when a patent expires or a new patent is granted. Errors risk false or misleading representations under the relevant legislation. For industries with complex, overlapping IP portfolios and tightly regulated labelling requirements, particularly life sciences, medical devices and pharmaceuticals, this creates significant compliance risk and cost.

The proposed model would allow rights holders to meet marking expectations by keeping the online register current, rather than modifying physical packaging each time rights change. This is particularly valuable where a single product is covered by multiple patents with staggered expiry dates, a common scenario in life sciences products.

If adopted, the reform could reduce the need for frequent packaging updates, simplify compliance for complex product portfolios, and better align Australian practice with key international markets.

The proposal is at consultation stage and does not yet reflect settled law.

Businesses should now consider how a virtual marking approach would operate in practice, including:

1. current product marking practices and update frequency;
2. whether existing systems could support an online register; and
3. governance processes to ensure any register remains accurate and up to date.

Early assessment will assist businesses to respond quickly if the reforms are implemented.