Timeframes and fees

Registering a design in Australia takes at least two months and costs a minimum of $250.

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:

  1. You submit an application
  2. We publish some details of the application, including the names of the owner and the designer, on Australian Design Search
  3. Your application is assessed — this usually takes about eight weeks
  4. You respond to any issues raised
  5. Your design is registered
  6. 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):

  1. Your design is examined — this takes about 13 weeks
  2. You respond to any issues raised
  3. Your design is certified.

From start to finish, the process will take at least least three months.

  • 1. Application
  • 2. Examination
  • 3. Renewal
  • 4. Management

1. Application

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.

You can only apply for more than one design in a single application if each product can be categorised in the same Locarno class.

Regardless of the outcome of your application, you'll need to pay the following fees:

How to apply

Action

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.

Action

Fees

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.

Action

Fees

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

2. Examination

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:

Action

Fees

Request to examine a registered design - by registered owner   $420

 

Log in to online services

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.

Action

Fees

Third party fee $210
Registered owner fee $210

 

Refunds and waivers

Under limited circumstances, we may issue a refund or waive fees.

Request a refund or waiver

3. Renewal

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.

Action

Fees

Renewal of registration  $400
Renewal payment late fee  $100 per late month or part thereof

 

How to renew your design right

Postal renewal fees

If you can't renew your design online, you can post it to us. Please note, higher fees apply.

Action

Fees

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.

Action

Fees

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 (request) $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.

Log in to online services

Document request

Fees

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.

Order a commemorative certificate