The Registration Process

Application

IP Australia has a plain English application kit to help you through the process. In general, the application form is a two-pager, which asks for details such as your name, address and product name. The design needs to be represented clearly through either a drawing or photograph. The kit and application forms are available from www.ipaustralia.gov.au

Click here to access the Designs Application Kit and other relevant design forms and publications online.

Presently, if the application is in order and passes a formalities check, registration will occur within a matter of weeks. However, the rights you obtain through registration will be tested during examination (if sought). Therefore, applications may need to be carefully prepared taking into account similar designs already on the market.

What does IP Australia look at in examining a design?

The threshold requires a design to be new and distinctive to be registerable.

The design cannot be substantially similar to an already registered or published design, which means minor changes may be irrelevant if the overall impression is the same. If the overall impression is the same as a registered design, it may be an infringement on the rights of its owner.

In addition to being checked against designs previously registered, used or published in Australia, the design can be checked against those published anywhere in the world.