IPA design extensions-of-time--overview — IP Australia Designs Examiners' Manual – 23.1. Extensions of time: overview

Key legislation in this topic: Designs Act: s 137 ; Designs Regulations: reg 11.13 Key related topics: The Designs Act allows a customer (an applicant/owner or their attorney/agent) to apply for an extension of time to complete certain actions. The legislation refers to these actions as ‘relevant acts’. The extension of time provisions are in s 137 of the Designs Act and reg 11.13 of the Designs Regulations. These provisions apply to: all design applications and registrations all actions that have a time frame set by the Act or regulations. Note: The provisions of s 137 are similar to those of s 223 of the Patents Act and s 224 of the Trade Marks Act. Precedent relating to those provisions is therefore relevant to s 137. Acceptable reasons for extension Under s 137, an extension may be granted if the delay in completing the relevant act was caused by: ​​​​​​​ error or omission by the Registrar (s 137(1)) error or omission by the customer (s 137(2)(a)) circumstances beyond the customer’s control (s 137(2)(b)).