AUSTRALIAN DESIGN APPLICATIONS

Australian Non-Convention Design Application

Filing Requirements

Formalities

Australian designs are only examined for formalities pre-registration. No examination for newness and distinctiveness is carried out.
The Application is generally examined within one month from filing if a request for registration is made with the application.
If a request for registration is not made, then the application will be examined seven months from the filing date.
If there are objections, a Formalties Report will issue.
Deadline – the Office will set a deadline of 2 months from the issuance of the formalities report date to overcome any objections. N.B. this is not a response deadline but a deadline to overcome any formalities issues.
The formalities deadline cannot be extended.

Registration

The initial term of registration is 5 years from the filing date. The maximum registration term is 10 years.

Certfication (Examination)

Before a design can be enforced, it must be certified by filing a request for examination to determine if the design is new and distinctive.
Once a request for examination is made, the designs office will typically examine the application within two to five months from the request.
If there are objections, an examination report will issue.
Deadline – the Office will set a deadline of 6 months to overcome any objections. N.B. this is not a response deadline but a deadline to overcome the objections.
Once the objections are overcome, a certificate of examination will issue.

Filing Requirements

Deadline to file – 6 months from the filing date of the first filing in a Convention country.
To file the Application we will require:
- Representations of the design.
- No limit to the number of views.
- Photos or Drawings are allowed
- Full name and address of the Owner.
- Name(s) of the designer(s).
- Multiple designs can be filed in a single application. If the designs are not in the same Locarno Classification, a formalities report will issue and further design application(s) will need to be made.
- The country, design number and filing date of the first filing.
No documents are required to be signed by the Applicant(s) or Designer(s).

Formalities

Australian designs are only examined for formalities pre-registration. No examination for newness and distinctiveness is carried out.
The Application is generally examined within one month from filing if a request for registration is made with the application.
If a request for registration is not made, then the application will be examined seven months from the priority date.
If there are objections, a Formalties Report will issue.
Deadline – the Office will set a deadline of 2 months from the issuance of the formalities report date to overcome any objections. N.B. this is not a response deadline but a deadline to overcome any formalities issues.
The formalities deadline cannot be extended.

Registration

The initial term of registration is 5 years from the filing date. The maximum registration term is 10 years.

Certfication (Examination)

Before a design can be enforced, it must be certified by filing a request for examination to determine if the design is new and distinctive.
Once a request for examination is made, the design office will typically examine the application within two to five months from the request.
If there are objections, an examination report will issue.
Deadline – the Office will set a deadline of 6 months to overcome any objections. N.B. this is not a response deadline but a deadline to overcome the objections.
Once the objections are overcome, a certificate of examination will issue.