Chapter 12. Registration / Publication Request

Date Published

12.1  Introduction

In order to have made it to the formalities check, registration must have been requested for at least one of the designs in an application. It is necessary to consider the timing and circumstances of any request under section 35, either for registration or publication.

12.2  Original Request

When the initial request for either publication or registration is received, care should be taken to identify which designs have been included in the request. The original request may consist of a request for registration of some designs and publication of others. The request might be received with the application, or at any time until six months from the priority date of the application.

Where the applicant has not specified in the request that particular designs are not to be registered, the request to register will apply to all the designs disclosed in the application.

12.3  Subsequent Requests for Registration - Applications in respect of more than one design

Requests for registration made after the initial request was made cannot generally be accepted. The circumstances under which such a request may be accepted are prescribed in regulation 4.02.

12.4  Subsequent Requests for Publication

The above does not apply to requests for publication coming in after the original request. So long as the designs remaining on the application have not lapsed, they can be published.

12.5  Form of Request

The request should be clearly stated in writing, either on the application form, or in correspondence.  

12.6  Excluded Designs

A request for registration or publication must be made in relation to all designs in an application covering an excluded design. The request may be outside of the six month period from priority date, as long as registration/publication was requested for all of the designs in the application at the time of lodgement.

12.7  Further Designs

When, as a result of a formalities objection, a further design is filed and given a new design number in an existing application, it is taken to include a request for registration.