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Registered Designs Act 1949

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[F13B Modification of applications for registration.U.K.

(1)The registrar may, at any time before an application for the registration of a design[F2or designs] is determined, permit the applicant to make such modifications of the application as the registrar thinks fit.

(2)Where an application for the registration of a design[F3or designs] has been modified before it has been determined in such a way that [F4any design included in the application] has been altered significantly, the registrar may, for the purpose of deciding whether and to what extent the design is new or has individual character, direct that the application[F5so far as relating to that design] shall be treated as having been made on the date on which it was so modified.

(3)Where—

(a)an application for the registration of [F6more than one design] has been modified before it has been determined to exclude one or more designs from the application; and

(b)a subsequent application for the registration of a design so excluded has, within such period (if any) as has been prescribed for such applications, been made by the person who made the earlier application or his successor in title,

the registrar may, for the purpose of deciding whether and to what extent the design is new or has individual character, direct that the subsequent application shall be treated as having been made on the date on which the earlier application was, or is treated as having been, made.

(4)Where F7... the registration of a design has been refused on any ground mentioned in [F8section 3A(4)(b) or (c)] of this Act, the application[F9for the design] may be modified by the applicant if it appears to the registrar that—

(a)the identity of the design is retained; and

(b)the modifications have been made in accordance with any rules made under this Act.

(5)An application modified under subsection (4) above shall be treated as the original application and, in particular, as made on the date on which the original application was made or is treated as having been made.

(6)Any modification under this section may, in particular, be effected by making a partial disclaimer in relation to the application.]

Textual Amendments

F1Ss. 3-3D substituted (9.12.2001) for s. 3 by S.I. 2001/3949, reg. 4 (with transitional provisions in regs. 10-14)

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