Australian Registered Design Process

The Australian Registred Design Process

The Process

Step 1

Filing

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).

Step 2

Formalities

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.

Step 3

Registration

The design becomes registered and will publish. A certificate of registration will issue. The term of registration is initially 5 years.

Step 4

Optional Certification

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.

Step 5

Renewal

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.

Testimonials

What our clients say

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Jerry Hoslin, Director & Founder, WearX

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David Edwards, CEO & Founder, Automed Pty Ltd

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