Obtaining design protection in Australia and overseas

>> Obtaining design protection

Registration of a design

To start the design registration process, a design application is filed. The design application will establish a ‘priority date’ for your design, which is the date used for assessing the newness or distinctiveness of your design. 

Shortly after filing, the design application will undergo a ‘formalities check’ to ensure that all filing requirements and documents are in order. The design application will then be ‘registered’.

*Please note: a design application does not undergo any substantive examination prior to registration.

For more information, please refer to the flow chart for the Australian design application process.

Pursuing design protection overseas

Within 6 months of filing the Australian design application, you must decide on whether to pursue design protection overseas. A separate design application will need to be filed in each overseas country or region of interest. Each overseas design application will then typically be examined according to the design laws and regulations of the particular Designs Office in each country or region.

If you have any questions or require assistance with obtaining design protection in Australia and/or overseas, please contact our patent attorneys at mail@laminarip.com.