19.7. Priority date: Converted applications

Date Published

A person who has made a transitional application may request that the transitional application be treated as a converted application (s 159).​​​​​​​

The priority date of a design disclosed in a converted application is the same as it was under the transitional application (s 160(3)). Therefore, the conditions for claiming (in particular) convention priority are those of the Designs Act 1906.

There are some significant differences in the requirements of the 1906 Act compared with the Designs Act 2003:

  • Under the 1906 Act, the applicant must provide a copy of the basic application before registration. The application must include a verified translation if the basic application is not in English.
  • Under the 1906 Act, the basic application must be certified ‘by the official chief or head’ of the designs office of the convention country (Designs Act 1906, s 49).

Amended Reasons

Amended Reason Date Amended
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