IPA design excluded-designs-extension-of-time — IP Australia Designs Examiners' Manual – 11.3. Excluded designs: Extensions of time

Applicant’s may, technically, apply to extend the prescribed period under s 23(2) and reg 3.02. However, under s 23(1), there are express conditions that apply to an excluded design application. If it is no longer possible for all of the conditions under s 23(1) to be met, it would not be appropriate for the Registrar to grant an extension of time to extend the prescribed period under s 23(2). For example, if a design in the initial application has already been registered, the conditions of s 23(1) could no longer be met and the grant of an extension of time in relation to the prescribed period under s 23(2) would serve no purpose.