IPA design test-for-distinctiveness — IP Australia Designs Examiners' Manual – 13.5. Assessing newness and distinctiveness: Test for distinctiveness

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: understand the phrase ‘ substantially similar in overall impression ’ consider the limitations of how the design is displayed , including what is and is not part of the design, and what the display format/context leaves out consider how the presence of other visual features in a product or citation might affect the assessment of distinctiveness. ​​​​​​​