8.12. Examination and certification: Requests for examination after certification

Date Published

An examination may be requested after a design has been certified. Each examination is conducted in the same way as the original examination (see Examination and certification processes).

A person may request an examination based on material referred to in an earlier request for examination (including material filed under s 64(2) or s 69), even though the Registrar has certified the design with knowledge of that material.

Issue estoppel, which prevents a person from having the same issue determined more than once, does not apply to examination.

However, given that decision-making should be consistent, the later examination would probably have the same result as the original one. The exception is if the person requesting the later examination provides new material that clearly shows why the result should be different from that of the previous examination.

​​​​​​​Where a third party has requested an examination and is unsatisfied with it, and then files many requests for further examination relying on substantially the same material, the Registrar may exercise the discretion to waive the examination fee payable by the owner.

Amended Reasons

Amended Reason Date Amended
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