10.7. Product: Component part of a complex product

Section 6(2) states:

“A component part of a complex product may be a product for the purposes of this Act, if it is made separately from the product”.

A component part:

• Is a replaceable part of a complex product.

• Can be a product in its own right if it is made separately from the complex product.

• Generally, a component part will be sold separately for replacement purposes.

• Can be protected as a design right where it is specifically applied for.

A complex product:

• Is defined at s 5 as a product comprising at least 2 replaceable component parts permitting disassembly and re-assembly of the product.

• To satisfy this definition of a product, at least one representation of the complex product should show its assembled form, see Aristocrat Technologies Australia Pty Limited [2021] ADO 1 at 28. The assembled form should display the component parts and demonstrate physical connection of elements.

• For example, a product where components are held together with screws is inherently a complex product because the component parts can be disassembled and reassembled. Where the components are held together in a way that prevents them from being physically separated – for example, where they are welded, riveted or glued – then on the face of it the product is not a complex product as it does not contain parts that permit disassembly/re-assembly.

Design application

An applicant can apply to protect the design of a component part of a complex product as well as an assembled whole (complex) product. If a complex product is registered, protection does not automatically extend to any component parts. The design application should specify whether registration is sought for:

• The complex product only, or

• The complex product and the component parts, or

• Just the component parts.

There can be difficulties if the representations show different component parts of a complex product and the design application does not specify whether the application is in respect of one design (the assembled complex product) or more than one design (the assembled complex product and/or individual component parts). Where the intention is to register the overall appearance of a complex product, including separate and individual views of component parts can cause confusion and ambiguity regarding the intended scope of protection. The individual component parts may be understood as further designs. However, where protection of a complex product is sought, showing how component parts form together to create an assembled complex product may be acceptable.

To avoid confusion, the product name(s) and representations, including labelling, should make this clear. This detail is assessed at the formalities stage in the context of establishing the number of designs being applied for in the application (and the fee that has been paid).

Examination

If a component part of a complex product has been registered, and examination is to take place, the assessment of newness and distinctiveness will be based on the product (the component part) in isolation from the complex product.

If a complex product has been registered, and examination is to take place, the assessment of newness and distinctiveness will be based on the product (the assembled and whole complex product).

Where the relevance of a potential citation depends on whether a product is interpreted as a component part of a complex product or a complex product, and it is not clear which is correct, the Examiner in the first instance will object on the basis of the interpretation that gives rise to the ground for revocation.

See Assessing newness and distinctiveness for information on assessing the newness and distinctiveness of component parts and complex products.