19.6. Priority date: Excluded designs

Date Published

If an owner applies to exclude a design from an earlier application by way of amendment (s 28), the applicant can make a new application for the excluded design (s 23).

The priority date of the design in the new application is the priority date it would have had in the earlier application as long as it meets the requirements of s 23.​​​​​​​

The requirements are that at the time the new application is filed:

  • the design had been deleted from the earlier application
  • the design applied for in the new application is the same that was applied for in the earlier application
  • the deletion occurred by way of amendment (s 28), not by way of a withdrawal (s 32(2))
  • the earlier application had not lapsed
  • NONE of the designs in the earlier application had been registered or published.

Amended Reasons

Amended Reason Date Amended
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