22.1. Amendments: overview

Date Published

Key legislation in this topic: Designs Act: ss 28, 30, 6693(3), 120; Designs Regulations: regs 3.09, 5.05​​​​​​​, 9.05

Key related topics: Formalities assessment, Application for registration, Examination and certification​​​​​​​, Assignments and other interests

Design applications and registrations can be amended or corrected by request to the Registrar. The Register can also be rectified by court order.

The Designs Act 2003 (Cth) provides four amendment mechanisms:

  1. Section 28, together with regulation 3.09​​​​​​​ – Amending a design application before registration. The only limitation is that the amendment must not alter the scope of the application by the inclusion of new matter.​​​​​​​
  2. Section 66​​​​​​​, together with regulation 5.05​​​​​​​ – Amending the registration during examination. The amendment must not increase the scope of the design registration, and it must not alter the scope of the application by the inclusion of new matter.
  3. Section 120​​​​​ – Rectification of the Register ordered by a court (which could include amendments).
  4. Regulation 9.05 – Correcting clerical errors and obvious mistakes on the Register (as well as name and address changes).

​​​​​​​For changes of ownership, see Assignments and other interests.

Amended Reasons

Amended Reason Date Amended

Amendments review.