Australian Design Application Process
>> Australian Design Application Process
After filing a design application in Australia, the application will proceed directly through to registration following successful completion of a formalities check. From our experience, if there are no formality issues, the application will proceed to registration within 1-3 months of the filing date.
Whilst there is no substantive examination prior to registration, substantive examination can be optionally requested at any time during the term of the design registration. It is important to note that an Australian design registration cannot be enforced unless and until it has been certified following successful substantive examination.
If substantive examination is requested, it will typically be 3-4 months before the design registration is certified or a first examination report issues. In the latter instance, the deadline for certification will be 6 months from the date of the first examination report.
The maximum term of an Australian design registration is 10 years from the filing date with a single 5th year renewal fee being payable.
The flow chart below outlines the stages in the design application process in Australia.