Steps to secure a design right
Applying for design right protection is a two-part process in Australia — registration and certification. You'll need to complete both in order to legally enforce your design right.
Part 1. Register your design
These are the steps to gain registration:
- You submit an application
- We publish some details of the application, including the names of the owner and the designer, on Australian Design Search
- Your application is assessed — this usually takes about eight weeks
- You respond to any issues raised
- Your design is registered
- We publish the images you provided in your application on Australian Design Search.
From start to finish, the process will take at least three months.
Part 2. Certify your design (optional):
- Your design is examined — this takes about 13 weeks
- You respond to any issues raised
- Your design is certified.
From start to finish, the process will take at least least three months.
You must pay a fee when you file your design application. If there's more than one design in your application, you'll need to pay for each design that's included.
Regardless of the outcome of your application, you'll need to pay the following fees:
|First design identified in the application at the time of filing||$250|
|More than one design applied for in one application at the time of filing||$200 per design|
Fees for further designs
If your application includes additional designs you haven't paid for, fees will apply. A design that falls into this category is known as a 'further design'. If your application contains further designs, we'll let you know in writing.
|Fee for further design identified during the formalities assessment||$250|
Postal application fees
If you can't submit your application online, you can post it to us. Please note, higher fees apply.
|First design identified in the application at the time of filing||$450|
|Any subsequent designs identified in the application at the time of filing||$400 per design|
|Fee for further design identified during the formalities assessment||$450|
After your design has been registered, you can request it be examined as part of the certification process. Regardless of the outcome of this examination, you'll need to pay the following fee:
|Request to examine a registered design - by registered owner||$420|
Examination request by other parties
Other parties (such as a competitor) may request examination of your registered design. If this happens, you'll have to split the examination fees between yourself and the third party.
As a registered owner, it's important that you pay this fee, otherwise your registration will cease.
|Third party fee||$210|
|Registered owner fee||$210|
Refunds and waivers
Under limited circumstances, we may issue a refund or waive fees.
A design right initially lasts for five years from the date you apply. You may choose to renew your design right so that it lasts for a further five years. You can only renew your design right once.
|Renewal of registration||$400|
|Renewal payment late fee||$420|
Postal renewal fees
If you can't renew your design online, you can post it to us. Please note, higher fees apply.
|Renewal of registration||$450|
|Renewal payment late fee||$100 per month or part thereof from the renewal due date (for a maximum of six months)|
4. Ongoing management of your design
There may be costs associated with the ongoing management of the design.
|Extension of time (error or omission)||$100 per month or part thereof|
|Extension of time (circumstances beyond control)||$100|
|Opposition (to extension of time)||$600|
|Hearing (per day to appear)||$600|
Cost of documents and certificates
You can order photocopies, certified copies, or duplicates of documents through online services.
If you need your documents urgently, we can expedite postage. Please note, this only speeds up the postage time, not our processing time for your request.
|Copy of 1 to 3 documents from the same file||$50 per document|
|Copy of 4 or more documents from the same file||$200|
|Expedited post||$20 per document request|
If you want a certificate for display purposes only, you can also order a commemorative certificate from a third party. The cost starts at $80 (+ GST). Commemorate certificates aren't legal documents and don't replace your official certificate.