Australian design registration procedures for US attorneys

Convention deadline, filing requirements and registration procedures noting differences to US practice

An Australian design registration is akin to a US design patent.

The filing requirements

The minimum filing requirements are:

• the title of the product to be protected,
• one set of representations,
• name(s) and address(es) of the applicant(s).

We do not require any documentation signed by or for the applicant(s) and/or inventor(s), e.g. we do not require a Power of Attorney, declaration or assignment as in the US.

The representations must show (and the title must identify) an entire product. The product may be part of a larger complex product, which complex product should not be shown in the representation.

10-year term

The registration may remain in force for a period of five years, and can then be extended for a further five years by paying a single renewal fee.

Examination is optional

Substantive examination is not compulsory but can be requested at any time. If examination is successful, the registration will be certified. Certification is required before enforcing or threatening to enforce the registration.

See also:

• Australian design registrations – coverage, novelty requirements and grace periods

Experienced Australian patent attorneys to care for your clients’ Australian design rights. BRM Patent Attorneys.