Following can file Design Applications:
a).  Author of the Design
b).  Employer of the author if Design made during course of employment
c).  Person contracting the author to make the design
d).  Person to whom the author has assigned the design in writing.

2 or more persons owning interests in the design must apply jointly.

•    Copy of the drawings;( six views such as front, rear, left side, right side, top plan and bottom plan views. And additional drawings such as perspective and cross-sectional views also may be submitted) - photographs in jpg format
•    Full name and address of each creator;
•    Full name and address of each applicant;
•    Name of the article to which the design is applied;
•    The filing date, application number and country of the priority application; and
•    Priority document

Ordinary application:
An ordinary application does not claim priority and protection is within the territory of the country.
Convention application claiming priority:
A convention application claims priority of an application filed previously in a convention country. (Deadline for claiming priority for a design application in Australia is 6 months from the filing date of the priority application)

To come under the scope of registration, a Design should:
•    Be new and / or  original
•    Not have been disclosed to the public anywhere by publication in tangible form or by use in any other way prior to the filing date or where applicable, the priority date of the application for registration.
•    Be significantly distinguishable from known designs or combination of known designs.
•     Not contain scandalous or obscene matter, or be contrary to public order or morality.
•    Not be a mere mechanical device or apparatus.
•    Be applicable to an article, should appeal to the eye.

Original here means, originating from the author of such a design and includes those cases which though old in themselves , are new in their application as well.

The following kinds of Designs are not registrable:

•    Designs which are not new or original
•    Designs which have been disclosed to the public anywhere in the
world by publication in a tangible form or by use or in any other way prior to the filing date.
•    Designs which are not significantly distinguishable from known designs or combination of known designs    or
•    Comprises or contains scandalous or obscene matter
•    Designs previously used in Australia

Designs featuring the following:
•    medals;
•    information or graphics which might reasonably regarded as scandalous material;
•    anything that includes the word 'Anzac';
•    coins or notes of a kind prohibited under the Coins Currency Act 1991;
•    layout for an integrated circuit;
•    the Olympic rings symbol, the Olympic motto); the torch and flames design prescribed under the Olympic Insignia Protection Act;
•    certain coats of arms, armorial bearings, flags and emblems.

Conducting a search prior to filing the design application is always advised to rule out conflict with prior registered marks. Our Attorney will assist you in search, filing and protection of the Design application in Australia.

Steps to Registration:
i. Ascertaining whether such a design has been registered previously.
ii. Preparing a representation of the design
iii. Identifying the class of design.
iv. Statement of newness and distinctiveness – though optional, highly advised, since it helps assess novelty and distinct features better.
v. Including a disclaimer that the design has not been in the public domain at any point in time.
vi. Claiming a priority date if the design Is registered in other countries.
vii. Determining the fee to be paid.
viii. Ensuring all enclosures are attached.
ix. Complying with objections if any.
x. Providing full details pertaining to contacts and addresses.
Requests for Registration and Publication:

Within 6 months from the filing date, applicant must request registration or publication of the design, if not the design application lapses.

If design is new and distinctive and has not been disclosed or published anywhere in the world then applicant can request registration.

If design is not new or has been disclosed prior to registration, applicant can request publication of the design by which applicant can prevent others from obtaining certification for the same and / or identical design.

Post request for registration, application is subjected to formalities checks and examination.  The application is then registered and advertised in the Australian Journal of Designs.  Also, the application will be made available for searching in the Australian Design Data Searching ADDS.

Examination can also be requested by 3rd parties seeking clarification on the applicant’s legal rights.

Registered designs are then subjected to substantial examination.  If they are found to be new and distinctive, and there are no oppositions, a notice is issued to the applicant confirming enforceability of the applicant’s design rights.

Note: Infringement actions can be undertaken  only after the designs are examined and / or certificate of examination issued.

In the event a 3rd party requests examination, the applicant has to pay half of the fee and 3rd party the other half.  

If the applicant does not pay the balance fee, application will lapse.


Disclaimer:  Pursuant to examination, if the examiner so deems, he may  issue directions  to disclaim relevant portions of the designs which are likely to be confused with Trademarks, Prohibited aspects indication mechanical or other action of the mechanism, exclusive use of words, letters, numerals, flags, crowns  etc., appearing on / along with the design.  This is to prevent any sort of mis-conception, mis-communication or misleading information being given out to the general public.

Within 6 months from the filing date, applicant must request registration or publication of the design, if not the design application lapses.

If design is new and distinctive and has not been disclosed or published anywhere in the world then applicant can request registration.

If design is not new or has been disclosed prior to registration, applicant can request publication of the design by which applicant can prevent others from obtaining certification for the same and / or identical design.

Term of Design registration lasts 10 yrs.  Our attorneys will assist you with renewals.

Benefits Of Design Registration:
•    Registration gives the registered proprietor, the exclusive right to apply registered design to his products.  
•    The proprietor can sue for infringement, license or sell his design as legal property for consideration or royalty. 
•    The owner can penetrate & develop the markets for such a design confident of the protection offered through registration.
•    Registration boosts innovation & ensures greater variety for the consuming public.