3.4. Fees: Examination fees

The fee is due from the person requesting the examination on the day they file the request. We will not begin the examination until the fee is paid.

If the fee is not paid at the time of filing, we issue ‘an invitation to pay’ (ITP). The requester then has 2 months to pay.

If the requester is the design owner and they do not pay within 2 months, the design ceases (reg 11.04).

Third-party requests for examination

For a third party request for examination, both the third party and the owner of the registered design need to pay a fee.

When we receive a third-party request for examination, we forward a copy of the request and any accompanying material to the owner. The owner has 2 months from the date of that notification to pay their fee (reg 11.05(1)).

If the third party does not pay their fee at the time of filing or within the 2-month due date of an ITP, the request for examination is taken as not having been filed (reg 11.06).

If the owner does not pay their fee within 2 months from the notification, the registered design ceases (s 48(1)(b)).

The Registrar may consider waiving the owner’s fee if they believe that the third-party requests for examination are being filed in order to cause prejudice to the owner – e.g. to force an owner to let the registration cease because they cannot afford the multiple examination fees. Relevant considerations for the Registrar in this situation include:

• whether the third party is filing a series of examination requests where a single request would be reasonable
• whether multiple third parties are filing requests for examination all referring to substantially the same material relating to the newness and distinctiveness of the design.

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Concurrent requests for examination

If more than one person requests examination of the same design, each requester must pay the full fee. There is no fee reduction or waiver just because there are other requests for examination.