23.1. Extensions of time: overview

Date Published

Key legislation in this topic: Designs Act: 137; Designs Regulations: reg 11.13

Key related topics:

The Designs Act allows a customer (an applicant/owner or their attorney/agent) to apply for an extension of time to complete certain actions. The legislation refers to these actions as ‘relevant acts’.

The extension of time provisions are in s 137 of the Designs Act and reg 11.13 of the Designs Regulations. These provisions apply to:

  • all design applications and registrations
  • all actions that have a time frame set by the Act or regulations.

Note: The provisions of s 137 are similar to those of s 223 of the Patents Act and s 224 of the Trade Marks Act. Precedent relating to those provisions is therefore relevant to s 137.


Acceptable reasons for extension

Under s 137, an extension may be granted if the delay in completing the relevant act was caused by:
​​​​​​​