Designs application - what to include


You can download a Design Application Form PDF [ pdf 231KB], or contact us to order an application form and instruction sheet to be sent by post. You may also wish to read our fact sheet about Representation of Designs

How many designs can you apply for in one application?

A single design application may be made for:

  • one design in relation to one product; or
  • one design that is a common design in relation to more than one product; or
  • more than one design in relation to one product; or
  • more than one design in relation to more than one product, only if each product belongs to the same Locarno Agreement class.

A single application must not contain designs from more than one of the above categories. If you file a single application for more than one design, all the designs must meet the official requirements before any can be registered.

The number of designs in the application should be clearly indicated on the application form.

You also need to specify the products to which the design relates. The rights you obtain through registration will be for the design in relation to the products to which the design is registered.

Locarno Classification

The Locarno Classification consists of a classification for industrial designs. It is based on a multilateral treaty administered by World Intellectual Property Organization. The classification comprises a list of 32 classes and 219 subclasses of industrial designs used in over 7000 different kinds of goods.

Multiple designs

Where either a single design is to be applied to more than one product or more than one design is to be applied to more than one product, the name of each product or products needs to be clearly stated on the application form.

This is so that each product can be classified in accordance with the Locarno Agreement. Where a design is registered or published it will be displayed on ADDS according to its Locarno class. This makes searching for similar designs much easier.

Representation

To assess your application for design registration, we need representations of how the design looks. Representations are illustrations of the design. They may be drawings, photographs or digital images.

The representations should show an accurate and complete picture of your design applied to the product, as the eye would see it.

Drawings must be accurate, on quality A4 paper, and consist of well-defined, even black lines.

Photographs or printed digital images should be clear originals. They should show the product against a plain contrasting background, and not include any other products which do not form part of the design. We do not accept 'instant' type photos, which fade over time.

Actual samples may be accepted if the design can be easily mounted on a flat surface and if the sample can be easily stored with other documents.

You need to supply five identical copies of each view of each design in the application.

Instructions for design representations

When preparing representations, please observe the following instructions:

  • The representations should be printed or mounted on an A4 white paper sheet.
  • Only one design representation per single sheet.
  • Only use one side of the sheet and, where possible, show the product in an upright position.
  • Each sheet of representations should be numbered in the bottom right-hand corner. You should show the total number of sheets lodged. For example sheet 1 of 3, sheet 2 of 3 and so on.
  • If the application is for more than one design, a design number or identifier should be written in the top right-hand corner of each sheet.

Statement of newness and distinctiveness

A statement of newness and distinctiveness identifies visual features of the design that are new and distinctive. Providing a statement is optional. However, it can draw attention to features that help assess the newness and distinctiveness of the design.

It is best to use a statement to identify particular features of the design as new and distinctive at the application stage, or at the latest, before registration, as a statement cannot be added once the design is registered.

Priority date

The priority date of your application will generally be the date you file the application, unless:

  • you have a claim to priority from an earlier overseas design application
  • the design was excluded from an earlier design application in Australia.

Formalities check

Design applications now only undergo a formalities check prior to being registered. The Act implements a system of post-registration examination for substantive issues. Substantive examination will only be undertaken if requested.

Your application should consist of:

  • a completed application form
  • five identical copies of each view of your representations of the design(s)
  • the application fee.

Information provided on the application form may be made publicly available, including on the internet. Read our privacy statement for more information.

If you are planning to register a design, there are a number of points you need to consider.

Keeping records:

  • Take care when filing your application. After it is filed, only very limited amendments are allowed to the the application.
  • Keep a copy of all the documents (including the representations) you file for reference purposes.
  • Give each design a reference number or identifier, so you know which one it is.
  • If your design is registered, the protection given by registration takes effect from the priority date, which is usually the filing date.

Don't forget:

  • You can only claim that the design is registered once you have received a certificate of registration. Don't assume that your design is registered when the application is filed.
  • If you do not request registration or publication when filing your application, you must do so within six months from your priority date. Keep a diary or calendar reminder to ensure that you do request registration or publication, or your application will lapse.
  • Not all designs can be registered.
  • If you don't renew your registration within the initial five years, your registration will cease.
  • A design is not enforceable until it has been registered, examined and certified.

Last Updated: 25/10/2011