Designs - HOW to apply for?

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To apply for a registered design you must file:

  • an application form
  • a Statement in Support
  • copies of representations of the design (seven with an Australian Design application)
  • the lodgement fee
On the Statement in Support you will need to indicate who the author of the design is.

To avoid any delay with your application, you have to comply with all the formal requirements specified in the regulations.
You should file a sufficient number of different views of the article on A4 paper so as to leave no doubt about the precise features of shape, configuration, pattern and/or ornament. Perspective views are often the most accurate views.

If you wish to ask monopoly for the shape and configuration, which is not compulsory to have, you must not include any description of the use of the article or its other features, or of its advantages or method of construction.

If you make an application to register a design in a country that has signed the International Convention, you can claim priority from the earliest application made to protect the same design in another Convention country. There is a time limit of six months from the earliest Convention country filing date for claiming priority. However, you should know that you have to make separate applications for registration in each country if an extended internationally multi-national protection is sought.

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