Section 3B Modification of applications for registration.F1
United Kingdom
The registrar may, at any time before an application for the registration of a designF2or designs is determined, permit the applicant to make such modifications of the application as the registrar thinks fit.
Where an application for the registration of a designF3or 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 applicationF5so far as relating to that design shall be treated as having been made on the date on which it was so modified.
Where—
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
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.
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 applicationF9for the design may be modified by the applicant if it appears to the registrar that—
the identity of the design is retained; and
the modifications have been made in accordance with any rules made under this Act.
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.
Any modification under this section may, in particular, be effected by making a partial disclaimer in relation to the application.
Annotations
Textual amendments
- F1
Ss. 3-3D substituted (9.12.2001) for s. 3 by S.I. 2001/3949, reg. 4 (with transitional provisions in regs. 10-14)
- F2
Words in s. 3B(1) inserted (1.10.2006) by Regulatory Reform (Registered Designs) Order 2006 (S.I. 2006/1974), arts. 1(1), 13(2)
- F3
Words in s. 3B(2) inserted (1.10.2006) by Regulatory Reform (Registered Designs) Order 2006 (S.I. 2006/1974), arts. 1(1), 13(3)(a)
- F4
Words in s. 3B(2) substituted (1.10.2006) by Regulatory Reform (Registered Designs) Order 2006 (S.I. 2006/1974), arts. 1(1), 13(3)(b)
- F5
Words in s. 3B(2) inserted (1.10.2006) by Regulatory Reform (Registered Designs) Order 2006 (S.I. 2006/1974), arts. 1(1), 13(3)(c)
- F6
Words in s. 3B(3) substituted (1.10.2006) by Regulatory Reform (Registered Designs) Order 2006 (S.I. 2006/1974), arts. 1(1), 13(4)
- F7
Words in s. 3B(4) omitted (1.10.2006) by virtue of Regulatory Reform (Registered Designs) Order 2006 (S.I. 2006/1974), arts. 1(1), 13(5)(a)
- F8
Words in s. 3B(4) substituted (1.10.2006) by Regulatory Reform (Registered Designs) Order 2006 (S.I. 2006/1974), arts. 1(1), 6
- F9
Words in s. 3B(4) inserted (1.10.2006) by Regulatory Reform (Registered Designs) Order 2006 (S.I. 2006/1974), arts. 1(1), 13(5)(b)