21.1. Satisfied: overview
Date Published
Key legislation in this topic: Designs Act: ss 15, 65, 67, 68; Designs Regulations: reg 3.06(3)
Key related topics: Prior art base, Examination and certification, Standard of the familiar person / informed user, Convention priority, Priority date
The purpose of examination is to determine whether a ground for revocation exists (s 65(2)).
As part of the examination process, the examiner must be ‘satisfied’ about the presence or absence of a ground for revocation (s 67, s 68).
This raises the questions of:
- what ‘satisfied’ means
- what is required for the examiner to be satisfied
- what to do if the examiner is not satisfied.