After you have applied for your design right, only very limited changes are allowed. You may want to amend the details of your design right application to:
- respond to issues raised in a formalities notice
- keep your details up to date, such as addresses and ownership.
Before your design can be registered, it must meet the legislative requirements. We call this the 'formalities assessment'. If your application does not meet these requirements, we will let you know in writing. We call this report a ‘formalities notice’.
Issues raised at this stage are generally easy to overcome by correcting details in your application. You can do this with an amendment. However, there are limitations on what can be amended once you have submitted your application.
Amendments which narrow the scope of protection for your application are generally ok. An example of this would be refining your existing product name to a more specific one. For instance, amending the product name 'container' to 'egg container'.
Amendments which expand the scope of protection for your application are not allowed. An example of this would be introducing new representations that included visual features not visible in the representations supplied in your original design application.
It is important to keep the details of your design right up to date. You should update your details if:
- you change your address
- the ownership of the design right changes
- you have taken out a mortgage on your design right
- you have decided to change the agent/address for service for your design right.
You may need to update your details in more than one location
There can be up to 3 different locations you may need to update your details.
- Online services account: These details relate to your online services account only. Updating these details will not update the details for any of your existing IP rights.
- Applicant details: These details are specific to each design right and indicate the owner of a specific IP right. If you have more than one design right, you may need to change your details on each application.
- Address for service details: These details are specific to each design right and indicate if someone else (such as an attorney) is acting on your behalf. The address for service details are where we will send any correspondence. Amending your applicant details will not automatically update your address for service details. Even if your address for service details are the same as your applicant details, you will need to update your details in both locations.
Changing the ownership of a design right
If you assign the ownership of your design right to another party, you need to notify us.
Ownership changes can include a transfer of interest from one party to another or a merger.
You will need to supply a copy of documents that confirm the transfer, such as a deed of assignment, merger document or sale agreement. These documents must include:
- the name(s) of the current owner(s)
- the name(s) of the new owner(s)
- the date the assignment was executed
- the design number(s) the assignment relates to
- signatures confirming a change of ownership. Depending on the circumstances, signatures from both parties may be required. If there is more than one current owner, all owners must approve the change.
Recording a mortgage or licence
If you have taken out a mortgage on your design right, you can record this on the national Personal Property Securities Register.
You can also record the details of a mortgage or licence on a design on the Australian Design Search. To do this you will need to give us evidence which shows that a mortgage or licence exists. This evidence might be a copy of a mortgage or licence agreement with relevant signatures.
How to amend your design right
You can submit an amendment request using our online services.
If you have any questions about amendments you can contact us.