Requirements for Design Registration
Registered Designs are required to be “new” and “distinctive”. To be “new” a design must not be identical to a design which was previously disclosed by publication such as on the internet or used in Australia. To be “distinctive” a design is required to be not substantially similar in overall impression to a design previously disclosed by publication such as on the internet, or used in Australia. There is a limited grace period for Australian designs, but – this is not the case for many overseas countries – so it is still important not to disclose your design before filing an application (or at least seeking advice), as your prior disclosure may become part of the prior art, and result in your design not being considered new and distinctive.
Term of Design Protection
Australian Registered Designs have a maximum term of 10 years.
Did you know that Registered Designs are called different names in overseas countries? For example, in the USA a Registered Design is referred to as a ‘Design Patent’ and in Europe a registered design is referred to as a ‘Community Design’. Some countries even refer to ‘Product Designs’. Even with the different names, the basic concept behind each of these rights is similar (with some exceptions) with design rights being available for a new product with a unique appearance.
At Caska IP our Patent Attorneys specialise in the preparation and filing of registered designs in Australia and in overseas jurisdictions such as in the USA, China and the EU. Design law, especially international design law, can be quite complex and the drawings are very specific which is why we employ a specialist illustrator to craft our design drawings.
If you would like to secure robust design rights for a new product in Australia or overseas, please contact us and we will guide you through the process.