Chapter 9. Statement of Newness and Distinctiveness

Date Published

9.1  Introduction

A statement of newness and distinctiveness is optional. If there is no statement, announced or otherwise on the application, then the application should be taken to have passed this part of the formalities check.

9.2  More than one statement

Occasionally, the applicant may have provided more than one statement of newness and distinctiveness (SoND) or unstructured text that may or may not be intended as a SoND.  On these occasions, clarification of what should be recorded should be obtained from the applicant.  A letter of this nature will propose what will be recorded in this field at registration should the applicant fail to respond with their specific direction within two months.

Where an application contains a statement with a title relating to the previous Designs Act, such as “Statement of Monopoly” or “Statement of Novelty, it is not appropriate to issue a deficiency notice.