Processing the design application
Once your application has been lodged, it will be given a number. In the trolley example, the number A2015/01379 means that it was the 1379th design application filed in 2015, and it is in Part A of the Register of Designs. The Registrar of Designs will also issue an acknowledgement of receipt which records this number, and which will serve as the reference for all future dealings.
The procedure thereafter is fairly simple. The Registrar of Designs will examine your application to ensure that the documents are legible and can be copied, that all the correct forms have been submitted, and that a class has been nominated for the design.
If there is no objection
Once satisfied that these requirements have been met, the Registrar will register the design, and notify your address for service. Thereafter, your agent must within three months place an advertisement in the monthly Patent Journal of this notice of registration. An example from the Patent Journal of some design registration advertisements is shown here.
If there is an objection
If the Registrar has any objections to your application, officials will issue a statement listing the problems. Patent attorneys call this a Regulation 27 Notice. You will have six months to rectify the defects. This period can be extended. You can ask for a hearing — a meeting with the Registrar where your attorney can discuss the objections and try to overcome them. Written representations can also be made.
The Registrar’s decision can be appealed. However, if you do not appeal, you must finalise the application by resolving the Registrar’s objections within the set time. If you do not do this, your application will be treated as if it has been withdrawn.