Amending your design
After your design is filed, only very limited amendments are allowed. Section 28 of the Act deals with amendments to the application and Reg 9.05 allows for corrections due to clerical errors or obvious mistakes.
Amendments under section 28 of the Act can be made to an application any time before registration or publication.
You may request an amendment to your application for a number of reasons. For example:
- change of ownership in the design
- change in the residential or address for service
- to address deficiencies so that the case can proceed to registration
- an error in the representations
- an error in wording in parts of the application.
Scope of the application
An amendment will not be allowed if it increases the original scope of the application.
This means that amendments that introduce new matter that was not shown in the original application will not be allowed.
By amending the product name(s) or representations, the scope of the application might be altered. An example of this is if you request a design name be amended to include a product or part of a product that has not been shown in the representations. For instance, the original name was "Container", and you request the name to read "Container and components thereof".
If the component parts were not shown in the original representations, the amendment would not be accepted.
Another example of changing the scope of an application is if you submit new representations that are not at all similar to the original design. This clearly alters the scope of the application.
Amending the name of the applicant
If an amendment changes the name of the applicant substantially and the rights of the design have not been assigned, a declaration or other evidence should be forwarded supporting the reasons why the error was made or why the name should be changed.
Amending the address for service
To amend an address for service you should submit your request in writing to us stating what the new address for service is. No evidence of the change is required to be submitted with your request.
If the ownership of a design has been assigned to another party, you need to notify us of the change. This is done by supplying assignment documents such as a deed of assignment, merger document or sale agreement. These documents must include:
- the exact name of the current owner
- the name of the new owner
- date of execution of the assignment
- the design number(s) the assignment relates to
- signatures of both parties, or at least the signature of the current owner. If there is more then one owner, all signatures are required.
Recording a mortgage or licence
If you want to record the details of a mortgage that has been taken out on your design (or you have taken out on another person's design), you need to record this on the national online Personal Property Securities Register. From 30 January 2012, our Register of Designs is no longer a legal security register. However, you may wish to also record the details of a mortgage or licence on a design on the Register of Designs. To do this you have to tell us that you want to record a licence or mortgage and give us evidence which shows that a mortgage or licence exists. This evidence might be a copy of a mortgage or licence agreement with relevant signatures. For more information see the Official Notice.
Last Updated: 23/11/2013