Design Filing & Registration

We need the following information and documents to file design applications in Australia.

• The applicant’s name and address.
• For a Convention application, the number(s), date(s) and country of filing of the basic application(s).
• The name of the product to be registered.
• Illustrations of the product.
• An indication of any design features (e.g. shape, configuration, pattern, ornamentation) and portions to be emphasised.
• The name of the designer(s). This information, although required prior to registration, can be given subsequent to filing.

A certified copy of the basic application for Convention cases can be lodged after filing.

Registration
Australian design applications are not subject to substantive Examination before registration.  Rather, each new application is reviewed by the Designs Office to ensure that it complies with certain formal requirements.  The application is registered and published on passing the Formalities Check.

Certification
Australian registered designs are not enforceable unless they have been Certified.  At any stage after Registration, the rights owner (or a third party) can request Examination with a view to obtaining Certification.  The Examiners will test whether the design is new and distinctive when compared to the prior art base.

If the design registration is found to be invalid, then the Registrar may revoke it.

Term
An Australian design registration has a maximum term of 10 years from the filing date.  Renewal fees are payable at five-year intervals to keep the registration in force.