13.5. Assessing newness and distinctiveness: Test for distinctiveness

Date Published

Section 16(2) specifies the test for distinctiveness as:

A design is distinctive unless it is substantially similar in overall impression to a design that forms part of the prior art base for the design.

Section 19 outlines how to apply the test. For detailed guidance on this, see Section 19 requirements for distinctiveness.

Before considering the issues in s 19, it is important to:

Amended Reasons

Amended Reason Date Amended