11.2. Excluded designs: Priority date of excluded designs

When an applicant applies to register a design that was excluded from an initial application, the priority date of the design in the new application is the same as the priority date the design would have had in the initial application – provided the initial application has a valid amendment request that retains a design or designs, and has not lapsed or been withdrawn and none of the designs in the initial application have already been registered or published (s 23).​​​​​​​

If the applicant claimed convention priority for designs included in the initial application, they can also make this claim in the new application – provided the claim applies to the excluded design(s). It should not be assumed that a convention priority claim in an initial application applies to all subsequently excluded designs. If the convention claim does not include the design(s) that are subsequently excluded, their priority date is the Australian filing date of the initial application.