8.3. Examination and certification: Requesting examination

Date Published

Any person, including a third party, can request an examination. The Registrar and the courts may also initiate an examination – however, this is very unusual. Examination can be requested more than once. The Registrar may examine a design that has at any time been a registered design. There is no limitation on this occurring only once (s 63).​​​​​​

To have a design examined:

  • the design must be registered
  • the request must be submitted in accordance with the approved application form requesters should use a form that has been pre-approved by the Registrar, but other forms may be used as long as they contain the required information
  • the applicant must pay the correct fee.

​​​​​​​The person requesting examination may include material in their application that relates to the newness and distinctiveness of the design (s 64(2)).

Amended Reasons

Amended Reason Date Amended