IPA design formalities-assessment-of-the-sond — IP Australia Designs Examiners' Manual – 15.2. Statement of newness and distinctiveness: Formalities assessment of the SoND

During the formalities assessment we focus on: Scandalous material: A SoND should not contain any scandalous matter or matter that might reasonably be taken to be scandalous . If it does, the applicant will be required to amend this detail. ​​​​​​​ Inconsistencies: The formalities officer should check the SoND for inconsistencies. For example if the product shown is a mug and the application includes a SoND which indicates that the product is a vehicle, this should be queried. ​​​​​​​ Duplicates: There should only be one SoND for a design. If there is more than one, we will send a query to the applicant asking which is the correct one to use. If we notify the applicant of any issues with the SoND as a courtesy (rather than as a barrier to registration), we will set a 2-month time frame for the applicant to respond and potentially amend the SoND before the design is registered. ​​​​​​​​​​​​​​ Failure to meet the purpose of a SoND The purpose of a SoND is to identify particular visual features of a design as new and distinctive. Sometimes the document submitted as the SoND does not actually achieve this purpose – for example, it may: ​​​​​​​ make no sense ​​​​​​​ includes irrelevant and unnecessary detail ​​​​​​​ talk about an invention or a concept ​​​​​​​ contains references to externally published matter. For example an applicant’s website ​​​​​​​ attempt to disclaim features. ​​ If the SoND in the application does not appear to meet the purpose of a SoND, we may send a general notice to the applicant or include the issue in a formalities notice that identifies other issues to address before the design can be registered. This notice can also ask for clarification if we have not received a SoND but there is wording in the application that suggests a SoND has been submitted. Other Requirements A SoND must not be included in the representations of a design application. The appropriate place for a SoND is in the separate field of the application form. If an application contains a SoND, the representations must show the visual features to which the SoND refers (see Part 6.2).