Australian Registered Design

Minimum Filing Requirements:

  • A set of representations (may be photographs) showing clear views of the article (e.g. may include perspective, side, top plan and bottom plan views).
  • A name of the product shown in the representations
  • Name and address of the applicant
  • Identification of the scope of monopoly claimed

Additional Filing Requirements:

  • Name of the author and devolution of title to the applicant
  • Details of convention priority if applicable (application number, title, country). A certified copy of the priority document is required along with a verified English translation (if relevant) prior to registration.
  • A statement of newness and distinctiveness (optional) describing the important visual features of the design which are new and distinctive.
  • Appointment of Agent if requested

Examination

A registered design application undergoes a formalities examination then proceeds to grant. Substantive examination is part of an optional, post-grant certification procedure that can be requested at any time during the life of the registered design. A registered design must be certified before an infringement action may be commenced. A third party can request certification of a registered design but must share the associated government fees if it does.

Renewals

The initial period of registration lasts five years from the filing date and can be extended once to a maximum term of ten years.