2.6. Application for registration: Request for registration

A design application will only proceed towards registration if a request for registration is made, or is taken to have been made under the Act.

A. Applications filed before 10 March 2022

The applicant had six months from the priority date to request registration or publication of each design in the application. If no request was made for a design within that period, the application lapsed in relation to that design.

The request could be made in writing, either in the application or in a later submission.

Excluded design applications required a request for registration or publication for all of the designs that were excluded. The request could be made outside the prescribed six-month period if registration or publication of all relevant designs was requested when the initial application was filed.

If an excluded design application was filed on or after 10 March 2022 and relates to an initial application filed before that date, see Part B.

B. Applications filed on or after 10 March 2022

An applicant has a prescribed period of six months from the priority date in which to request registration of each design in an application filed on or after 10 March 2022.

At filing, the applicant may:

• request registration so that the application proceeds towards registration as soon as possible. This is an actual request under s 35(1) to (3). A further actual request may be made during the prescribed period for any remaining design

• not request registration, which delays formalities assessment until registration is taken to have been requested at the end of the prescribed period. This is a deemed request.

An actual request must be clearly expressed in writing, either in the application or in a later submission.

Deemed request: application containing one design

Under s 35(4), at the end of the prescribed period the applicant is taken to have requested registration if:

• the application has not been withdrawn under s 32

• no actual request has been made under subsections 35(1) to (3).

The application then proceeds to formalities assessment.

Deemed request: application containing multiple designs

Under s 35(5), each design is considered separately. At the end of the prescribed period, registration is taken to have been requested for a design if:

• the design has not been deleted or withdrawn from the application

• the application as a whole has not been withdrawn

• the applicant has not already requested registration of that design under subsections 35(1) to (3).

Checking requests for registration or withdrawal

Determine:

• which designs are covered by the request

• whether any designs are not included for registration or withdrawal.

Unless specified, a request is taken to cover all designs in the application.

The application proceeds to formalities assessment when an actual request is received or immediately after the prescribed period ends and a request is deemed to have been made.

Excluded design applications

For an application relating to designs excluded from an initial application, a request for registration is taken to have been made in accordance with s 35(6) and s 36.

Requests relating to further designs

Where a further design is paid for following a formalities objection, a request for registration is taken to have been made. See Further designs.