21.2. Satisfied: Meaning of ‘satisfied’

The word ‘satisfied’ has a connotation of being convinced. For an examiner to be ‘satisfied’, more than a mere personal opinion is required. There must be clear and convincing reasons based on evidence. Those reasons must demonstrate that the examiner’s interpretation and conclusions are preferable to any counter-arguments that are presented.

The examiner will need to have evidence and reasons for being satisfied. This is especially relevant when assessing a design against the familiar person / informed user standard, as they will often be basing their selection of the familiar person / informed user on their personal experience.

However, the examiner’s personal experience does not define that standard. If the owner challenges the standard of the familiar person / informed user that the examiner has applied (e.g. if they express a different standard with supporting evidence), the examiner will need to substantiate their views of the standard by providing evidence (e.g. search results).

Being ‘satisfied’ is inherently a state of mind, but that state of mind must be based on a logical assessment of the evidence.​​​​​​​

A mere assertion by the examiner does not constitute evidence. An examiner may have an opinion about certain facts – and in the first instance they might issue a report based on that opinion. But if there is a counter-argument, the examiner will need to substantiate their objections by showing evidence (e.g. by showing search results). If an examiner maintains their objections based on personal belief unsubstantiated by independent evidence, they may be open to criticism for bias.