Frequently asked questions
Here are the questions we are most frequently asked about designs - and answers to them.
- How do I protect my new design? Answer
- What is a design registration? Answer
- Should I conduct any searches? Answer
- Can I protect the function of my design? Answer
- What are the filing requirements for an Australian design application? Answer
- How do I protect my design overseas? Answer
- Can I register a design for a spare part? Answer
- How long does it take the design to be registered? Answer
- When can I use "design registration pending" on my goods? Answer
- Are there any ongoing costs after the design is registered? Answer
- Can I have another person's registered design revoked?Answer
- What if someone copies my registered design? Answer
- How can I make money from my registered design? Answer
If you any queries regarding the answer to these questions, our designs team would be happy to assist you by email
contactus@aar.com.au.
1. How do I protect my new design?
You can register a new design in Australia by filing an application with IP Australia. It consists of an application form, together with depictions of the design, preferably in draftsman quality drawings. A patent attorney can take care of preparing the relevant documents
and attending to all other legal and procedural requirements in relation to a design application on your behalf.
2. What is a design registration?
A design registration is a piece of property that can be bought, sold,
licensed, assigned or dealt with like any other piece of property. Where the
design has been examined and a certificate of examination issued it provides
a legally enforceable right to prevent others from making or dealing in
products that embody the design without your permission. A registered design
lasts for a maximum period of ten years from the filing date.
3. Should I conduct any searches?
A design registration is only valid if the design was new and distinctive
compared to the prior art base at the filing or priority date. The prior art
base consists of designs that were published anywhere in the world or used
in Australia before the filing date. To assess this, it is often advisable to carry out searches of the prior art, including the Australian
Register of Designs, a record of all the registered designs and published design applications in Australia. A patent attorney can assist you with planning and carrying out a
suitable search.
4. Can I protect the function of my design?
Visual features of a product that serve a functional purpose may be
protected by a registered design. However, as the exclusive rights of a
design apply only to the visual appearance of a product it would not prevent
a competitor achieving the same functional result with a product that has a
different shape or appearance. The function of a product is better protected
under the standard or innovation patent regime, if relevant requirements are
met.
5. What are the filing requirements for an Australian design application?
In Australia, no power of attorney or authorisation of agent form is required.
The following information is required to file a design application in Australia:
- the applicant's full name and address;
- representations of the design as applied to an article which adequately show the features sought to be protected (preferably good quality
photographs or line drawings showing top, bottom, left side, right side, front, back and perspective views); and
- details of any convention priority claim.
6. How do I protect my design overseas?
Designs are registered country by country, so you have to file individual design registration applications in each country
or region of interest. Once you have filed a design application in Australia, you can, within six months of the filing date, file a corresponding application in another country and claim a priority date from the Australian one, so that the enforceability of your foreign design registration dates from the day of filing in Australia. Overseas design registrations must be
filed by local agents, and we can arrange that on your behalf through our network of associates.
7. Can I register a design for a spare part?
Yes, you can obtain registration for a product that is a component part of a
larger assembly. However, it is a defence to an infringement action if the product was
made for the purpose of a genuine repair.
8. How long does it take the design to be registered?
Once you have filed your application it undergoes a formalities check, and
then proceeds to either registration or publication, depending on the
particular procedure you have selected. This usually occurs
within about four to six weeks of filing the application. Examination of the
newness and distinctiveness of the design is optional, however a registered
design must be examined and a certificate of examination issued before it
can be enforced against third parties. Examination may be requested at any
time during the ten year term of the registered design by the owner or a
third party. After examining the design and comparing it with the prior art
and other legal requirements, the
Designs Office will either issue a certificate of examination (if the
design is valid) or revoke the registration (if it is not). A revocation
decision can be appealed.
9. When can I use "design registration pending" on my goods?
We advise you mark your goods "design registration applied for" or "design application XYZ" after you
have filed an application, but before examination starts. Once it has, you should mark your goods "design registration pending" or "design application XYZ".
You should mark your product as a registered design after it has actually been registered.
10. Are there any ongoing costs after the design is registered?
The initial period of registration is five years from the date of
application; you then need to pay an extension fee to extend the
registration for an additional five years. Costs are involved in requesting
examination and certification if this step is taken. Take a look at our scale of charges.
11. Can I have another person's registered design
revoked?
Yes. A third party may request examination of a registered design and
can forward documentation to the Designs Office which it believes is relevant to the newness and
distinctiveness of the Design. The Designs Office will consider the material
during examination and will revoke the registration if the design is not new
and distinctive. Once a design has been examined and a certificate of
examination issued it can only be revoked through court action.
12. What if someone copies my registered design?
As noted above, a design registration is an enforceable legal right. If you detect possible infringement of your design registration, you should contact a legal practitioner or patent attorney immediately. Since the
Designs Act includes prohibitions against making unwarranted threats of legal action, it is important you take advice before approaching
the possible infringer. A patent attorney or legal practitioner can advise you whether your design registration is infringed and suggest appropriate next steps, including court action.
If you need to take legal action, our designs enforcement team can help.
13. How can I make money from my registered design?
There are numerous different ways to commercialise your design: as noted above, a design registration can be bought, sold, licensed, assigned or dealt with, just like any other piece of property. You can use your registered design to protect your monopoly and remain the only person legally able to use the design.
Alternatively, licence agreements allow you to retain ownership of a design
registration while charging royalties to allow others to use it under agreed
conditions. Our commercial designs team can help you.
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