1. Do you have a design that can be protected with a design right?
Consider what you want to protect. A design right protects the overall visual appearance of new and distinctive products.
Consider whether your whole product:
- has a physical and tangible form
- is something you will be manufacturing (or making by hand) on a commercial scale.
A design right does not protect:
- how your product was designed
- what your product does
- what your product is made from
- designs not applied to a tangible product (for example, a logo by itself).
Learn more about what a design right is.
Learn more about the difference between design rights and other IP rights.
2. Do you know about the 2 -step process for securing design right protection?
Australia has a 2- step process for securing design right protection: Registration and Certification.
Both steps are necessary to legally enforce your design right. This means that you can take action to stop others from using it without your permission.
Learn more about the benefits of protecting your design with a design right.
Learn more about the process of applying for a design right.
3. Has your design or a design similar to yours been shared publicly?
To be certified, your design needs to be new and distinctive compared to other designs in the world. This means that your registered design may not be able to be certified if:
- you have made your own design public before applying (a 12 month grace period may apply – Learn more about the grace period)
- someone has already published a design that is too similar to yours.
Consider checking what designs are already shared publicly before you apply.
Learn more about searching for designs that have been shared publicly.
4. Have you prepared drawings or images of your design?
You must provide a visual representation of your design when you apply. They can be illustrations, graphic digital images or photographs.
Consider if your representations clearly and consistently show the details you are wanting to protect.
Learn more about the avoidable mistakes people make when preparing their representations.
5. Are you applying for more than one design?
The most common way to apply for more than one design is by filing each as a separate application.
However, it is possible to apply for more than one design within a single application. You can only apply for more than one design in a single application if each product can be categorised in the same Locarno class. While the class must be the same, the subclasses or sub-sub-classes can be different. If there is more than one design in your application, you will need to pay for each design included.
Learn more about Locarno Classification.
Learn more about applying for more than one design in a single application.
6. Do you know what information to include in your application?
You will need to provide specific information when completing your design application. This includes the name of both the designer and the owner of the design right.
Learn more about what information you need to include in your application.
7. Have you considered the fees and how long the right lasts?
Fees are payable at different stages through the design right process. These include:
- an application fee (for each design included in your application)
- a fee to request examination of your registered design
- a fee to renew your registration.
A design right can be registered for a maximum of 10 years.
Learn more about how long design right protection lasts.