A design is the overall appearance of a product. The visual features that form
the design include the shape, configuration, pattern and ornamentation which,
when applied to the product, give it a unique appearance. A registered design
can be a valuable commercial asset - registration of a design gives the owner
protection for the visual appearance of the product but not the feel of the
product, what it is made from or how it works.
To be registrable, a design must be new and distinctive.
'New' means the identical design has not been publicly used in Australia
nor has it been published in a document within or outside Australia.
A design is 'distinctive' unless it is substantially similar in overall appearance
to other designs already in the public domain.
For example, a design would not be considered new if it had been 'published'
on the Internet before the date it was filed (or its priority date, whichever
is earlier). Prior publication may be exempt in limited circumstances.
Before filing an application, you should search existing design records. If
your design is not new and distinctive, any registration you recieve could be revoked as a result of
examination and your registration could be worthless. You may also face legal action if you
infringe the design rights of the owners of other similar designs.
Advice and assistance when making a design application, and professional searches
of the IP Australia registered designs records, are available from patent attorneys
and search firms, a list of which can be found in your Yellow
Pages Directory and IP
Australia's list of IP Professionals.
