15.3. Statement of newness and distinctiveness: Amendments to the SoND

Date Published

​​​​​​​An applicant may want to amend the SoND that exists in their application to better identify particular features of their design. They can only do this before the design is registered (s 28).

Any attempt to amend the SoND detail for a registered design (which is after registration has occurred) will not be actioned on the basis that:

  • post-registration amendments must not change the scope of the registered design (s 66(6)) – which, as the SoND is about defining the scope of the design, rules out any change to the SoND.


  • post-registration amendments are amendments to the Register (s 66(3)) – and the Register only notes the fact that a SoND was included in the application; it does not include the actual statement (see s 111 and reg 9.01(d)).


  • section 19 introduces the SoND as being a statement included in the design application and is understood to be the statement as it existed immediately prior to registration (Reckitt Benckiser Inc [2008] ADO 1).

Amended Reasons

Amended Reason Date Amended

Amendments review.