Recent updates

Item amended Date Amended Amended Reason
7.2. Classification: Classification systems

Link correction required - Australian Design Search

7.1. Classification: overview

Link correction to made to the Australian Design Search

6.12. Representations: Environmental or Reference views

Minor change only - product name changed to Bottle hat decoration and corrected the representation order.

10.5. Product: Product name

Inclusion of information relating to Product abbreviations 

3.2. Fees: Application fees

Testing purposes

18.6. Prior publication or use exceptions: Grace Period

Applying the grace period as part of an examination.
A review of our current practice on how we process Grace period applications with the main change being that we would now accept/consider alternative evidence or submissions to overcome issues relating to s17, 18 therefore noting that a declaration may no longer be required to overcome the grace period provisions in some circumstances.

12.5. Section 43 refusal to register: Scandalous content

Minor changes

28.1. Hearings: overview

Addition information: A person can be heard via written submissions or an oral hearing. Oral hearings are routinely held via video conference or telephone. Oral hearings may be held in person, but this is by exception only. Examples of exceptional reasons for an oral hearing to be held in person include:
• a person wanting to attend is unable to use the internet or telephone (for example due to disability and/or a lack of available infrastructure);
• the evidence includes physical specimens that cannot be adequately shown or seen over a video connection.
As stated in the official notice published on 9 November 2022, a request to be heard in person must be in writing and should include:
• the agreement of any other parties (if applicable); and
• a brief explanation of the reasons why the matter should be heard in person.
Requests to be heard in person will be considered on a case-by-case basis, noting that the Registrar has the sole discretion as to whether to hold any hearing in person.

2.2. Application for registration: Registration process

Reinstalled full stop at very last line on last para.

3.1. Fees: overview

Test revert to original

8.16. Examination on Registrar's initiative

Addition of Part 8.16.

6.2. Representations: General requirements

Minor correction.

6.13. Pairs and mirror images

Minor clarification regarding pairs.

22.4. Amendments: Inclusion of matter not in substance disclosed

Minor correction.

10.10. Product: Examples - things that are / are not products

Deletion in line with clarification regarding pairs.

Designs (Formal Requirements for Designs Documents) Instrument 2022

Minor correction.

13.1. Assessing newness and distinctiveness: overview

Minor clarification.

9.2. Identifying the design: Overall appearance

Minor clarification.

18.3. Prior publication or use exceptions: Unauthorised disclosures

Section 17 - clarification.

4.2. The ‘Formalities check’ and ‘Formal requirements’
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