14.4. Section 19 requirements for distinctiveness: Statement of newness and distinctiveness

Date Published

If there is a statement of newness and distinctiveness (SoND), s 19(2)(b) requires us to give particular consideration to the visual features mentioned in it, as part of assessing a design’s overall impression.

If the SoND refers to only part of the design, we must have particular regard to those visual features as part of assessing the design as a whole. Where a SoND includes no specific reference to a visual feature or features, it should be interpreted as asking for attention to be paid to the combination of visual features that make up the design.

See the separate topic Statement of newness and distinctiveness.

No statement of newness and distinctiveness

Where no SoND has been filed, distinctiveness must be determined based on the appearance of the design as a whole (s 19(3)).

However, in doing this the examiner needs to consider what the representations suggest as to which features are important. If the representations indicate the relative significance of features – such as by the use of dotted lines, shading and other drafting techniques – the assessment of distinctiveness should give more weight to the features shown as more significant.

Amended Reasons

Amended Reason Date Amended
Back to top