Information for Associates - Design Filing Requirements

Minimum Requirements

• Name and address of applicant;
• At least one set of representations (photographs or drawings);
• A name of the article

Additional Requirements

• Name of the author and devolution of title to the applicant;
• Details of the scope of the monopoly claimed;
• Details of any claim to convention priority;
• Appointment of agent

A design application can be filed on the day instructions are received providing the minimum requirements are supplied.

Subject Matter
A Design is registered in respect of an article for the features of shape, configuration, ornamentation and/or pattern applicable to the article. The features must be new and original in respect of that article.

Original
An original design is one which was not known or used in Australia before the priority date of the application except that a design corresponding to an existing copyright representation can be registered.

Design/Copyright Overlap
Copyright protection is lost if an article which could be protected by design registration is not so protected and the design is industrially applied. Production of 50 or more articles having the design applied is deemed to constitute industrial application, although this may occur at a lower number in certain circumstances.

Examination
The design proceeds to registration with only a formalities examination.  However, it cannot be enforced unless examination is requested and successfully negotiated.

Opposition
There is no pre-grant opposition for designs but interested parties may oppose registration after certification.

Renewals
There are no annual renewals. A design is initially registered for five years with possible extension to a maximum of 10 years.

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