Designs are filed with IP Australia, assessed for formalities and then become registered without substantive examination. Your design must be optionally examined and certified before being enforceable.
The Australian Registred Design Process
A design application is filed with IP Australia. It may claim convention priority from an earlier design filed within the previous 6 months. It may also include an option statement in relation to the grace period for the Applicant’s own disclosure (note this does not apply to publications by any IP Offices).
The design application is examiner for formalities which includes checking the drawings and classifying the design. A formalities examination does not include an assessment in relation to the newness and distinctiveness of the design.
The design becomes registered and will publish. A certificate of registration will issue. The term of registration is initially 5 years.
A registered design can be taken for optional examination in which it will be assessed for newness and distinctiveness. If found acceptable, a certification of examination will be issued. Only when the certification of examination is issues will the design become enforceable.
At the five year mark, a design can be renewed for a further five years. The maximum term is 10 years at which point the design will cease.
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