Registered Design Brisbane.

A design registration in Australia is effective throughout the whole of Australia.

When registering a design, the application must include images or technical drawings of the product that clearly highlight the design features the applicant wants to protect.

Upon filing, the registered design application undergoes an examination to ensure all information is present. If the formalities are in order, the design will be registered. The owner of an unexamined design registration will be unable to commence infringement proceedings against other parties until the registration has been examined and certified.

Examination of a design can be requested at any time after registration. If the design is found to be new and distinctive and not substantially similar in overall impression to earlier designs, a certificate of examination will be issued. If the design fails to meet these requirements, the design registration will be revoked.

Australian design registrations are valid for 10 years, subject to payment of a renewal fee five years from the date you filed your application for registration.

Since March 2022, a 12-month grace period for the filing of a design application has come into effect. This grace period enables those who have already disclosed their design (or a variant thereof) to still obtain valid design protection, provided their application for design registration is filed within 12 months of their first disclosure.

This is particularly useful for designs that are accidentally disclosed and for first-time designers who may not have known about registered designs. For example, a designer who publishes details of their latest t-shirt design on social media may use this grace period to file for a registered design within 12 months.

Most countries have laws that permit the registration of a design. Registrations are granted by either the patent or design offices of individual countries. 

Australian design registrations do not extend internationally. Consequently, individuals and businesses with unique product designs will need to file design registrations in the countries where protection is required. 

Overseas design applications are usually filed on a country-by-country basis, with the design being registered in each individual country or region. EU countries can be covered by a single registered Community design.

Prior to filing in foreign regions, you should ensure the appearance of the product constitutes a registered design. For example, only ornamental designs are registrable in the US. Speak to your attorney about the design requirements for the regions where you will be seeking protections.

Under the Paris Convention for the Protection of Industrial Property, Australia allows applicants to claim priority from an overseas design application filed in a convention country. This means that if you file a design application in a convention country, you can claim the same priority date for the same design in Australia, provided the Australian application is filed within six months of the overseas application.

Overseas design applications can take priority over an Australian design application. However, the overseas design must be filed within six months of filing the Australian application.