At a glance
Policy ID: 40
Status: Policy development
Priority: Low
Issue summary
In its 2015 'Review of the Designs System' in Australia, the former Advisory Council on Intellectual Property (ACIP) recommended that amendment of the SoND should be permitted up to the point of certification.
The Designs Act 2003 allows applicants to submit an optional SoND which identifies visual features of the design that are new and distinctive.
During ACIP's review there was concern that SoNDs cannot be effectively amended after registration. In particular, they can't be amended when new prior art is identified in the course of examination.
The Australian Government accepted the recommendation in principle in May 2016 but indicated that further consultation would be necessary to avoid unintended consequences.
History
- On hold 4 September 2017
- Consultation 13 June 2023
Comments
In 2023, IP Australia consulted 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.
Find out more about the consultation at consultation.ipaustralia.gov.au.