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.
Identified for action 08-Aug-2019
Reviewed August 2020
Medium priority, this issue may be considered as part of the broader review of the Australian Designs system
Status and priority reviewed August 2020 IP Policy Committee meeting.