The short answer
The Director General, or an officer they authorise, examines every design application (Section 11(1)). The examiner checks that the application was filed correctly under Section 7, that the subject is a design as defined in Section 2, that it is new, distinctive and industrially usable (Section 5), and that it is not an excluded design (Section 4). If there is a problem, the applicant gets a notice and has 2 months from the notice date to explain, extendable by 1 month for good reason. If there is no explanation in time, the application is treated as withdrawn (Section 11(4)).
What the examiner checks (Section 11(2))
| Check | Section |
|---|---|
| The application follows the filing rules: form, photograph or sample, statement if the applicant is not the designer, class of goods, fee | 7 |
| The subject is a design as defined | 2 |
| The design is new, distinctive and usable in industry | 5 |
| The design is not an excluded design | 4 |
See which designs qualify and what designs are not protected.
If the examiner objects (Section 11(3), (4))
Notice
- The Director General tells the applicant what is wrong and asks for an explanation.
Reply in 2 months
- The reply is due within 2 months of the notice date. For a good reason, the Director General can extend that by 1 month.
Outcome
- If no explanation arrives in time, the application is treated as withdrawn. If the Director General is not satisfied, they can refuse registration and tell the applicant in writing (Section 12(2)).
A refusal can be appealed to the Government within 60 days, then to the High Court Division within 60 days (Section 30).
Design examination questions
What does the examiner check?
Filing correctness, the definition of a design, novelty, distinctiveness, industrial use, and the exclusions (Section 11(2)).
How long do I have to reply?
2 months from the notice date, plus 1 month if the Director General allows (Section 11(3)).
What if I miss the deadline?
The application is treated as withdrawn (Section 11(4)).
Can I change my design in reply?
You can amend the application, but not the original design itself (Section 7(3)).
Can I appeal a refusal?
Yes. See Section 30.
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