D03.7 Handling requests for examination when a Certificate of Examination has previously issued

Date Published

Any number of examinations may occur on a Design. Subject to the considerations discussed in D03.4, each examination will go through the steps of completion of examination [s67(1)], notification to relevant parties [s67(2)] and issuance of a certificate of examination [s67(3)].

There is nothing to prevent an examination being requested on the basis of the material (including material filed under s.64(2) or s.69) referred to in an earlier request for examination – even where the Registrar has issued a Certificate of Examination in knowledge of that material. Issue estoppel does not arise out of the examination. However there is a general expectation of consistency of decision making, and it would be expected that the examination would have the same result – unless the person requesting examination has provided a clear indication of why the result should be different from the previous examination.

In circumstances where a third party requesting examination is unsatisfied with the examination, and repetitively files requests for examination reliant on substantially the same material, the Registrar may exercise her discretion to waive the examination fee payable by the owner.