DESIGNS IN AUSTRALIA

Filing

To file a design registration application, we need:

  • The full name and address and nationality of the owner of the design
  • A set of representations of the design, such as drawings, illustrations, digital images or photographs, clearly presenting the different aspects of the design
  • A product name for the design.

If the application claims priority from a corresponding application filed in another Paris Convention country within the preceding 6 months, we also require the country, application number, and applicant name from the priority application.

We do not require a power of attorney or appointment of agent form.

Examination

At the time of filing a design application, the applicant can choose to pay an examination fee and request substantive examination.

Design applications are normally examined for formalities compliance within 3 months from filing. If no formalities objections apply, a certificate of registration is issued.

If the applicant requests examination at the time of filing or at any time in the life of the design registration subsequent to filing, a substantive examination procedure follows. This is typically completed within 4 months. If the design passes examination, a certificate is issued. If the design does not pass examination, the registration is revoked.

Renewal

Designs are registered for an initial period of 5 years from the application date, and can be renewed for one further period of 5 years on payment of a renewal fee, taking the maximum life of the design registration to 10 years.