Registered Designs Act 2000 · 2020 Revised Edition · Part 2 · Registration of Designs
16A. New application treated as filed on date of filing of earlier application
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Where, on examining an application for registration of a design (called in this section the earlier application) under section 16(1), the Registrar determines that the earlier application fails to comply with either or both of the formal requirements of section 11(2)(c) and (4)(a) (where applicable), the Registrar may, when notifying the applicant of the non‑compliance under section 16(2), invite the applicant to correct the non‑compliance by filing one or more new applications under section 11.
application for registration
“application for registration”, in relation to a design, means an application under section 11 for the registration of the design;
A new application must not be filed under subsection (1) if —
a notice of withdrawal has been filed under section 14 in relation to the earlier application;
the earlier application has been treated as withdrawn under section 16(3);
the earlier application has been refused under section 17; or
the earlier application has been registered under section 18.
The Registrar must refuse any new application filed in contravention of subsection (2).
Registrar
“Registrar” means the Registrar of Designs referred to in section 49 and includes any Deputy Registrar of Designs referred to in that section;
Each new application filed under subsection (1) is to be treated as filed on the date of filing of the earlier application, if all of the following requirements are satisfied:
the new application complies with the requirements of section 11;
the new application is made by the applicant, or the successor in title of the applicant, for the earlier application;
the new application does not include any matter that was not in substance disclosed in the earlier application.