Allow the Registrar to request further representations where the full scope of the design is unclear

Issue summary

Currently, regulation 3.01(c) of the Designs Regulations requires that at least one representation must be provided for in the design filed. However, there is little, if any, legislative requirement as to what is contained within that representation.

This means that where a single representation is provided showing only one limited view of a design it may cause issues at the examination stage where some features of the design are unknown or unclear. Currently, there is no recourse for the Registrar to request additional representations to clearly determine the scope of the design. This may cause difficulties at the examination stage if features of the design are unknown.

History

• Identified for action 8 August 2019
• Reviewed August 2020
• Consultation 13 June 2023

Comments

IP Australia is consulting on proposed changes to Australia’s designs system for a more modern and accessible design rights system that drives innovation and delivers greater benefits to the Australian economy. 

The consultation includes consideration of partial designs — the protection of only part of a product made in one piece. 

As part of that proposal, we're consulting on whether a standard of clarity should be introduced for design applications that would address this issue. 

Find out more about the consultation and have your say at consultation.ipaustralia.gov.au.