Section 16 Patents and Designs Act 1971

Section 16 of the Patents and Designs Act 1971 is about Examination of applications for registration. It is under ‘Designs’ of the Act. It provides as follows:

(1) The registrar shall examine every application for registration of an industrial design as to its conformity with sections 13 (1) (b) and 15 of this Act, and–
(a) if the application fails in any respect to conform with section 13 (1) (b) or
15 (l) or (2) of this Act, the registrar shall reject the application; and
(b) if the application fails in any respect to conform with section 15 (3) of this Act,
the registrar shall disregard any claim for foreign priority.

(2) Where the examination mentioned in subsection (l ) of this section shows that an application for the registration of an industrial design satisfies the requirements of sections 13 (1) (b) and 15 of this Act, the design shall be registered in accordance with the application without further examination and, in particular, without examination of the question whether the registration might be contrary to section 13 (1) (a) of this Act; and,

where the said examination shows that section 15 (3) of this Act has been complied with as respects a claim for foreign priority, the foreign priority claimed shall be recorded in the register.

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