Designs Overview interactive
Designs overview
What is a search?
Before applying for a design application, you should conduct a search to see if there is anything similar in the market place which may affect the likelihood of your design being certified. Your design must be kept unused and unpublished in the public domain until you have applied for protection.
Searches can be conducted using online databases for designs or by an IP Professional.
How much does it cost?
$0 - search conducted by yourself.
$? - search conducted by an IP Professional.
How long does it take?
There is no set time for the search to be conducted.
What's involved in applying for a design right?
Design applications can be done online or in paper form. Your application will be processed by IP Australia and you will receive a letter acknowledging your design application. You usually then have 6 months to decide whether to apply for your design to be registered or published. If you don't apply for either of these, your design application will lapse.
Registered designs are able to be examined. Once examined and certified, you are able to enforce your exclusive rights over your design.
Published designs allow you to establish your design as prior art. It will not give you exclusive rights to the design, but it prevents others from gaining exclusive rights to the design either.
How much does it cost?
See New Application fee.
How long does it take?
IP Australia will process your application within 2 months.
Registration or Publication request of your application usually needs to be received within 6 months.
What happens next?
Examination of design registrations is an optional process. Once your registered design is certified through examination, you have exclusive rights to use your design as specified in your application. Certified designs allow you to take action to stop other people using your design without permission.
Examination can be requested by a 3rd party that wishes to clarify your legal rights.
Your application will be examined based on newness (design has not been publicly used in Australia, or been published anywhere in the world including online), and distinctiveness (not substantially similar in overall impression to another design, or been published anywhere in the world including online).
How much does it cost?
See Examination fees.
How long does it take?
There is no set time to request examination within the 10 years.
What does IP Australia say about my design?
A report will be issued to you within approximately 3 months after requesting examination.
Your registration is certified once it meets all the requirements under the Designs Act 2003. If there are any issues present in your registration, the report will explain the objection that needs to be addressed for the registration to be certified. All objections must be overcome within 6 months of the first report date.
How much does it cost?
Part of the examination request fee.
No additional fees.
How long does it take?
Report will be issued approximately 3 months from requesting examination.
Registration needs to be finalised within 6 months from the first report date.
What else is involved in maintaining protection of my design?
The certified registration is then published in the Official Journal of Designs.
Once your design is certified and all fees are paid, it will be enforceable.
A renewal fee is due 5 years from filing your application and must be paid to renew your design for a further 5 years. You need to pay this fee for your design to remain enforceable.
How much does it cost?
How long does it take?
Report will be issued approximately 4 months from requesting examination.
Registration needs to be finalised within 6 months from the first report date.
Last Updated: 12/4/2013