01 September 2026
How different does a product need to look before its design can be protected?
A recent Australian Designs Office decision shows that the answer can depend heavily on the existing designs already in the market — and on exactly what the prior art actually shows.
A dispute over a portable Wi-Fi device
In UAB Orbio World [2026] ADO 5, IP Australia considered a registered design for a portable Wi-Fi apparatus.
During examination, the design had originally been considered insufficiently distinctive in light of earlier designs. Five prior art citations were ultimately withdrawn, leaving one citation for the Delegate to consider.
There were plenty of similarities.
Both designs featured elements including a rectangular form, rounded corners, screens and other comparable visual features.
But the Delegate also noted that the existing design landscape was crowded.
That mattered because, in a crowded field, relatively small differences may carry greater weight when deciding whether two designs create substantially the same overall impression.
What the earlier design did not show also mattered
The registered design included an electrical port and an access aperture that were not visible in the prior art citation.
Could those features simply be assumed to exist on the earlier product?
Not here.
The Delegate considered that an earlier design must provide enough information to allow a reasonable assessment of features that are not directly shown.
There was insufficient information to infer the access aperture, while even though an electrical port might ordinarily be expected on the underside of a device, its precise shape could not be determined from the citation.
The result?
The design was found to be new and distinctive, and directions were given for it to be certified.
Why this matters for product businesses
Design protection is about visual appearance.
And sometimes the details matter.
In product categories where many competing products already share broadly similar shapes and features, relatively small visual differences can become important.
The decision also highlights why the representations filed with a design application deserve careful attention.
Different views can reveal features that help distinguish a design from what came before.
For businesses developing physical products, that means design protection should not be treated as an administrative afterthought.
What you file — and how the product is shown — can matter.
Launching a new product?
IP Solved can help you assess whether design protection forms part of the right IP strategy and help you protect the visual features that make your product different.
Speak with the IP Solved team before you launch.
This article provides general information only and is not legal advice. Specific advice should be obtained for your business and target markets.
