IPA design what-cannot-be-a-visual-feature — IP Australia Designs Examiners' Manual – 9.5. Identifying the design: What cannot be a visual feature

The following aspects are not visual features of a product (s 7 (3)): the feel of the product the materials used in the product where a product has one or more indefinite dimensions : the indefinite dimension more than one repeat of the pattern (if the product has a pattern that repeats itself). Feel The feel of the surface of a product – for example, a texture, tactility, smoothness/grip, hot/coldness – cannot be a visual feature. But the surface finish applied to a product that results in a certain feel can affect the visual appearance of a product. That appearance is protectable. Materials Materials used in a product are usually not protected. But if the materials used in a product give it a particular visual appearance, that appearance can be protected. Indefinite dimensions and patterns Indefinite dimensions and indefinitely repeating patterns are not considered visual features. Indefinite dimensions For example, in a design for a bottle where the mid-section of the bottle is an indefinite length (i.e. indefinite dimension), the length of the mid-section is not a visual feature of the design. This means the design would not be considered new and distinctive compared to a bottle with the same visual features but with a mid-section of a fixed length. ​​​​​ Repeating patterns Where there is a repeating pattern, a single base unit of the pattern is a visual feature but an indefinite number of repeats is not a visual feature. If the base unit of the pattern has an indefinite dimension (e.g. a pattern of stripes) its indefinite dimension is not a visual feature. If there is a repeating pattern on an indefinite dimension: a single fixed unit of that pattern is a visual feature the number of times the pattern repeats is not a visual feature. If the pattern is on more than one indefinite dimension: a single fixed unit of that pattern is a visual feature the fact that the pattern repeats on both dimensions is a visual feature the number of times it repeats on those dimensions is not a visual feature. ​​​​​​​ If the pattern repeats on a dimension (or dimensions) with a fixed length/width:​​​ a single fixed unit of that pattern is a visual feature the number of repeats is a visual feature, on the basis that there is a set end point.