Registrar of Designs guidance regarding excluded designs

IP Australia has carefully considered the concerns expressed by IPTA and individual practitioners regarding the treatment of excluded designs filed prior to a request to amend an initial application.

We understand that the practice of filing excluded designs prior to an amendment request arose primarily from a desire by professional stakeholders to ensure that excluded designs could be filed prior to the processing of requests to amend the initial application (which led to other designs in the initial application being registered, and the prescribed period for filing excluded designs ending).

Stakeholders are concerned that if excluded designs filed prior to an amendment request are considered non-compliant with the Designs Act 2003 (‘Act’) and Designs Regulations 2004 (‘Regulations’), it may result in loss of rights in certain circumstances.

Source: https://www.ipaustralia.gov.au/news-and-community/official-notices/registrar-of-designs-guidance-regarding-excluded-designs