Australian design registrations

Convention deadline, filing requirements and registration procedures

See also:

• Design registration for Australians
• Australian design registrations – coverage, novelty requirements and grace periods

Australia applies the six-month Paris Convention priority deadline.

The filing requirements

The minimum filing requirements are:

• the title of product to be protected,
• one set of representations,
• name(s) and address(es) of the applicant(s).

A Power of Attorney is not required.

The representations must show (and the title must identify) an entire product. The product may be part of a larger complex product, which complex product should not be shown in the representation.

Entitlement at filing is important

It is important to ensure the applicant is entitled to the design. Typically, registration occurs within a few weeks of filing, after a formalities check and without substantive examination. If the registered owner is not entitled to the design at registration, the design registration may be held invalid.

10-year term

The registration may remain in force for a period of five years, then be extended for a further five years by paying a single renewal fee.

Examination is optional

Substantive examination is not compulsory but can be requested at any time. If examination is successful, the registration will be certified. Certification is required before enforcing or threatening to enforce the registration.

See also:

• Australian design registrations – coverage, novelty requirements and grace periods

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