D06.3 Priority date - Excluded Designs

Date Published

Under s23, an applicant can file an application for a design that has been excluded from an earlier application by way of amendment under s.28.

Providing the new application meets the requirements of s.23, the priority date of the design in the new application is the priority date it would have had in the earlier application.

The requirements are that at the time of filing the new application:

  • the design had been deleted from the earlier application
  • the deletion must have occurred under s.28, and not by way of a withdrawal under s.32(2);
  • the earlier application was not lapsed; and
  • NONE of the designs in the earlier application had been registered or published

Where there is a need to determine the priority date of such a design, and the above requirements have been met, the required determination is the priority date of that design in the earlier application as at the time the new application was filed.