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Designs

Maintaining your design registration

Renewing your design registration
The initial period of registration for your design lasts for five years from the date of filing. You may choose to renew your design registration for a further five years. The decision to renew the period of design registration is a commercial decision and you are in the best position to make it. If you do not renew your registration it will cease.

Your design may be registered for a maximum of ten years from the date of filing your application.

Courtesy Renewal Reminders
IP Australia will send a courtesy renewal reminder notice to your address for service, two months before the due date of renewal. We recommend that you take steps to create your own renewal reminder system or make arrangements for a computer annuity firm or patent attorney to keep track of the due dates and forward your payments. This will assist in ensuring your intellectual property rights do not inadvertently cease.

If you fail to apply to renew your registration, your design registration ceases and the design is then available for anyone to use.

Please inform IP Australia of any change of your address for service.

Late payment
A six month grace period for renewal will apply after the first five years of registration. You may renew your registration during the six month grace period, however you will incur a late fee per month.

Infringement of your design
If your registered design is infringed (ie, used or copied by someone without your authorisation), or you believe it is being infringed, you should immediately request an examination. Once your registration is examined and certified, you can then take action against the competing party. However, if your registered design is examined and found invalid, your registration will cease and you will not be able to take any action. If you are unsure, you should seek professional legal advice regarding your registered design and the potential infringement.

For further information on designs
We have an excellent library of information sheets, guides and other documents on a wide range of design subjects, as well as application forms. These are available for downloading from our reference section.