23.12. Extensions of time: Extension of the convention priority period

Convention priority claims should be made in the application for registration. If the customer does not do this or claims the wrong priority date, they will need to request an extension of the 6-month priority period if they want to amend the application after filing to:

• add a priority claim
• change the claimed priority date in a way that effectively creates a new priority claim (rather than just correcting an obvious mistake).

Example

If a customer files an Australian design application on 1 January 2021 without including the convention claim (1 November 2020) and they realise this error on 1 March 2021, they need to file a 2-month extension of time request – i.e. to extend the date on which they should have included the convention claim from 1 January to 1 March.

Effect on registration or publication

Customers need to consider the requirement to request registration or publication within 6 months of the convention priority date (reg 4.01(2)). Having an extension of time for making the priority claim may result in the application lapsing because they have not requested registration or publication.

In such cases they should file the request for registration or publication no later than when they file the request to extend the time to claim convention priority. The extension request should expressly refer to both the time period for filing the priority application and the time period for requesting registration. If they file the request for registration after filing the request to extend the priority period, they will need to apply for a separate extension because of a new error or omission.

Example

A customer files an Australian design application late on 1 February 2021 without including the convention claim (1 July 2020) or a request for registration. Note that they have 6 months to request registration based on the Australian filing date.

They realise the error on 1 March 2021 and file a 2-month extension of time request – i.e. to extend the date on which they should have included the convention claim from 1 January to 1 March.

If this request is granted and the priority date becomes 1 July 2020, they will need to have filed the request for registration by 1 January 2021. Therefore they need to include reference to the request for registration in the extension of time request – i.e. registration on 1 January 2021 with a priority claim of 1 July 2020.