Part 1. Register your design
Unlike other IP rights, a registered design is not an enforceable right. To gain the legal rights to take action against someone who uses your design, you must register and certify it.
A registered design gives you:
- The exclusive right to use your design and authorise others to use it in Australia
- A right that can grow in value and can be sold or licensed within Australia
- The ability to apply for the same design overseas (within six months of your Australian application)
- The ability to certify your design – which means you can take legal action against anyone who uses it without permission.
1. Lodge your application
You'll need to:
- Gather your documentation and lodge your application through online services
- Pay the application fee
- Request registration or registration and certification — this can be done when you file your application.
You'll need the following:
- Ownership and contact details (including postal address)
- A representation of your design (e.g. a photo or line drawing of your design)
- Product name
- Payment details.
What happens if I don't request registration?
- If you file on or after 10 March 2022, and don't request registration within six months, we'll go ahead and start the registration process for you. Unless you withdraw your application
- If you file before 10 March 2022, and haven't requested registration within six months, your application will lapse.
2. Your application is published on the Australian design database
3. Your application is assessed (eight weeks)
4. Respond to the outcome
5. Your design is registered and published
Part 2. Certify your design (optional)
A certified design gives you:
- A continuation of all the rights granted at registration
- The legal right to enforce your design and take action against others who use it without your permission.
1. Request examination
Once you've registered your design, you (or another person) can request examination. This can be done when you file or at any time after you file your design application. This process comes with a fee.
2. Your design is examined (13 weeks)
We examine your design to see if it meets the legal test for certification. This involves searching the world for identical and similar designs. If we find your design or a design too similar to yours, it can prevent your design from being certified.
We aim to do this within 13 weeks from the date that you requested examination or the date of registration — whichever is later. We'll let you know in writing if your design doesn’t meet the requirements.
3. Respond to issues raised
If there are any issues raised, you have six months to resolve them. If you can’t overcome them, the registration granted in step one will be ceased.
4. Your design is certified
If there are no issues (or you have overcome them), we'll certify your registered design. You'll be issued with a Certificate of Examination to verify this.