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application process
The application, registration and publication processes
The Designs Act 2003 provides you with a streamlined registration system for
the protection of your design. Several options are available to you when you
apply. Your design application can be filed containing:
- one design;
- a common design in relation to many products;
- multiple designs for one product; or
- multiple designs for many products, as long as the products fall within
the same classification class.
Who can apply?
An application for registration can only be made by the owner of the design.
The owner of the design can be:
- the author of the design (ie the person who conceived the design);
- the employer of the author, if the author made the design in the course
of his employment;
- the person who contracted the author to make the design for him or her;
or
- the person to whom the author has assigned the design (the assignment
must be in writing).
Where two or more people own interests in a design, they must apply jointly
if an application is made.
The owner may be an individual, a company, an association or a partnership.
Do not apply using a trading name.
How do I apply?
Your application should consist of:
Please note: Information provided on the application form may be made publicly
available, including on the Internet.
Do not forget to make and keep a copy of your application for future reference!
See our instructions for filling in the application form for more information.
Statement of Newness and Distinctiveness
You may also include a Statement of Newness and Distinctiveness on the application
form, if you wish to do so. This enables you to identify any visual feature(s)
of the design as new and distinctive.
It is not compulsory to have a statement of newness and distinctiveness, but
it may be useful in deciding whether your design is new and distinctive when
compared to prior disclosed designs.
Request for Registration or Publication
When you apply, you may request either:
- Registration; or
- Publication
of your design.
You must request either Registration or Publication of your design within six
months of the priority date of your application or it will lapse.
If you are filing a divisional application for an excluded design, you must request Registration or
Publication at the time of application, or it will immediately lapse.
Form to Request Registration or Publication
Instructions for filling in the form
Priority date
The priority date of your application will generally be the date you file the
application, unless you have a claim to an earlier priority from an overseas design
application, or from a design excluded from an earlier Australian design application.
Registration
Registration of your application will occur after a formalities check. If your
application passes this check, your design will be registered and details including the representation of your
design will be made publicly available in the Australian Official Journal of Designs and in the Designs online searching
database (ADDS). We will send you a Certificate of Registration and your design
will be recorded in our Register of Designs.
Publication
If you request publication, your application will be checked, and your design
will be published in the Australian Official Journal of Designs and in the Designs
searching database (ADDS). Choosing publication of your design will not give
you any rights, but because it is published, it prevents others from gaining
any rights to the design.
Representations
A representation is a drawing, photograph or specimen of your design.
Drawings are preferred. Photographs of the article are also acceptable. They
should be clear and precise. This is important so that others can determine
the details of your design and the scope of your protection.
The representations should also show the article as the eye would see it. A
perspective view of the article usually gives a better overall impression than
plan and face views.
The quality of the representation is important
Poor quality representations may not adequately show all the relevant features
of the design. This may prevent you from making any desired amendment to your
representation at a later stage.
If you lodge specimens the Designs Office will ask you to lodge either drawings
or photographs. A specimen cannot be published in the Official Journal.
Guidelines and examples are available for help when preparing representations.
Fees
You must pay a fee for each design in your application. Check our Schedule of
Fees to calculate the correct fee for your application.
If you do not pay the fee at the time of filing, or if the fee is underpaid,
the Designs Office will issue an Invitation to Pay (ITP). You will have two
months from the date of the ITP to pay the outstanding amount, otherwise the
application will lapse.
As outlined in the schedule, you can file your application via:
- delivery of a document to the Designs Office in person;
- delivery of a document to the Designs Office by post; or
- facsimile transmission of a document to (02) 6283 7999.
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