---
title: "Design comparison before lodgement or allegation"
url: "https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/design-prior-art-comparison"
type: "precedent"
site: "AI Law Framework"
id: "a23-design-prior-art-comparison"
area_id: "A23"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A23-B15-4", "A23-T1-R14"]
law_stated_as_at: "2026-10-22"
---

# Design comparison before lodgement or allegation

> Comparison of a design with earlier designs against newness and distinctiveness. The lawyer decides. The form does not say the design is registrable.

Canonical page: https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/design-prior-art-comparison  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs.md)
- Jurisdictions: Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 3 authorities it cites, for Commonwealth.

## When to use it

Use before a design application is lodged, or when comparing a registered design with an accused product, after the representations are in the file.

## Used for these tasks

- [Compare a design application with the Designs Act 2003 compilation before it is lodged](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/compare-a-design-application-with-the-designs-act-2003-compilation-befor.md)
- [Build a design prior-art and infringement comparison](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/build-a-design-prior-art-and-infringement-comparison.md)

## How AI may be used

The tool lines up the representations and the prior-art citations the lawyer supplies, and the lawyer makes the newness and distinctiveness judgement.

**AI may:**

- List prior-art citations with publication or use dates taken from the source the lawyer supplies.
- Place the statement of newness and distinctiveness, if there is one, next to the visual features it identifies.

**AI must not:**

- Do not state that the design is new, distinctive or registrable.
- Do not state that a product infringes.
- Do not draft the application or a statement of newness and distinctiveness.

**The lawyer checks:**

- Apply sections 15, 16 and 19. More weight is given to similarities than to differences.
- Use the standard of the familiar person in section 19(4).
- Check the priority date before treating later publication or use as prior art. Section 16(3) deals with publication or public use on or after the priority date.

## Authorities

- [Designs Act 2003 (Cth) s 15](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/da200391/s15.html)
- [Designs Act 2003 (Cth) s 16](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/da200391/s16.html)
- [Designs Act 2003 (Cth) s 19](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/da200391/s19.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/design-prior-art-comparison and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*