D14.1 Background, general issues

Date Published

The Designs Act 2003 provides a comprehensive regime for the public availability of documents on the file of a design application or registered design. The basic regime is:

  • Before a design is registered or published, documents on the file are not publicly available. The only information publicly available is that published in the AOJD pursuant to s.25 – which is set out in regulation 3.04.
  • After a design is registered or published, all documents on the file are publicly available – with some limited exceptions

It must be noted that the default position is that everything on the file is publicly available. This includes all file notes, annotations, ‘post-it’ notes or other material that an examiner or other staff member places on file – irrespective of content.