D03.3 Who may request examination?

Date Published

Examination may be requested by any person [s.63(1)]. A court can also initiate examination by ordering the Registrar to do so (this is not a request – see D03.5 Court Proceedings).  The Registrar may on their own initiative examine a design that has been registered [s.63(2)]. It may be assumed that this provision will rarely be used. In particular, the Registrar will not entertain requests from third parties that the Registrar examine pursuant to s.63(2), as such requests are no more than a means of avoiding the fee for examination (fee item 3 or 4). If a third party considers the design should be examined (either because of the effect of the design on their interests, or because of altruistic views about the effect of the design on other persons) they should request examination pursuant to s.63(1) and pay the relevant fee.