10.1. Product: overview

Date Published

Key legislation in this topic: Designs Act: ss 5, 6, 8, 22(1)(b), 39(2)(b)

Key related topics: Identifying the design, Classification, Examination and certification

To be registered, a thing must be a product. A thing that is manufactured or handmade is considered to be a product (s 6).

A product is:

Under the Designs Act, a reference to a design is a reference to a design in relation to a product (s 8). A design in relation to a product means the overall appearance of the product resulting from one or more visual features of the product.

A product is the thing and the design is the combination of visual features that make up the overall appearance of the thing. Products are tangible objects that have material form.

A thing cannot be a product if it is an intangible item. Also whilst a physical thing, a design applied to a human being does not meet s 6.

See Examples: things that are / are not products for more information.

​​​​​​​The function or purpose of a design cannot be registered (although a design may be based on features that result from the function or purpose). What the function or purpose of the product bearing the design is should be clear from the application detail however.

Amended Reasons

Amended Reason Date Amended
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