Registered Designs Act 2000 · 2020 Revised Edition · Part 2 · Registration of Designs
15. Amendment of application
Feedback & supportLast amended by an amending law of 2022. 2 amendments in all.
Subject to subsection (4) and the rules mentioned in section 74(2A), the Registrar may, on the Registrar’s own initiative or upon request made to the Registrar in the prescribed manner by the applicant and payment of the prescribed fee, amend an application for registration of a design.
Registrar
“Registrar” means the Registrar of Designs referred to in section 49 and includes any Deputy Registrar of Designs referred to in that section;
An application for registration of a design must not be amended if, as a result of the amendment, the scope of the application would be increased by the inclusion of matter that was not in substance disclosed in the application as filed.
application for registration
“application for registration”, in relation to a design, means an application under section 11 for the registration of the design;
The class or classes (under the classification mentioned in section 75(1)(c)) of articles, non‑physical products, or sets of articles and non‑physical products, to which a design is intended to be applied, as specified in an application for registration of the design, must not be amended if —
design
“design” means features of shape, configuration, colours, pattern or ornament applied to any article or non‑physical product that give that article or non‑physical product its appearance, but does not include —(a)a method or principle of construction;(b)features of shape, configuration or colours of an article or a non‑physical product that —(i)are dictated solely by the function that the article or non‑physical product has to perform;(ii)are dependent upon the appearance of another article or non‑physical product of which the article or non‑physical product is intended by the designer to form an integral part; or(iii)enable the article or non‑physical product to be connected to, or placed in, around or against, another article or non‑physical product, so that either article or non‑physical product may perform its function; or(c)features consisting only of one or more colours that —(i)are not used with any feature of shape or configuration; and(ii)do not give rise to any feature of pattern or ornament;
the application is derived under section 11(5) from an application filed under section 11(1) for the registration of 2 or more designs; and
the amendment would result in the articles, non‑physical products, or sets of articles and non‑physical products, to which any of those designs is intended to be applied, and the articles, non‑physical products, or sets of articles and non‑physical products, to which another of those designs is intended to be applied, falling within different classes.
The Registrar is not obliged to correct on his or her own initiative any error not due to the default of the Registrar.
Where the Registrar proposes to make any amendment on his or her own initiative, the Registrar must give notice of the proposal to every person who appears to the Registrar to be likely to be affected by the amendment, and must give the person an opportunity to be heard before making the amendment.