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IPA design satisfied--overview
IPA design satisfied--overview — IP Australia Designs Examiners' Manual – 21.1. Satisfied: overview
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Key legislation in this topic: Designs Act: ss 15 , 65 , 67 , 68 ; Designs Regulations: reg 3.06 (3)
Key related topics: Prior art base , Examination and certification , Standard of the familiar person / informed user , Convention priority , Priority date
The purpose of examination is to determine whether a ground for revocation exists (s 65 (2)).
As part of the examination process, the examiner must be ‘satisfied’ about the presence or absence of a ground for revocation (s 67 , s 68 ).
This raises the questions of:
what ‘satisfied’ means
what is required for the examiner to be satisfied
what to do if the examiner is not satisfied .
