About IP

The Australian Designs Office in Canberra, a division of IP Australia, is the responsible authority for registering designs. 

Any person may apply to register a design but there are restrictions as to whom may be ultimately registered as the owner of the design. There may be more than one owner.

The owner may be:

• the designer of the design;

• their employer or the person who contracted them to make the design; or

• a person who has been or is entitled to be assigned the design.

An application to register a design must include drawings or photographs which show all the features of the design.

A statement of newness and distinctiveness may be included in the design application. It is not compulsory to have this statement, but it may be useful in deciding whether the design is new and distinctive when compared to earlier designs. Registration or publication of the design may be requested when the application is filed. In any event, Registration or Publication of the design must be requested within six months of the date of filing or the application will lapse. It is important to understand the differences between a request for Publication of the design and a request for Registration.

Publication

If a request for Publication is made, then the design will only be published by the Designs Office. No enforceable rights will be obtained, but the publication will prevent others from registering the same design.

Registration

If a request for Registration is made, the Designs Office will conduct a formalities check and if all is in order, your design will be registered and details including the representation of the design will be published. Registration establishes rights that can be enforced once a Certificate of Examination is issued.

On payment of the appropriate fees, the design will be registered for five years from the date of filing the application.

Extension of Registration

The term of a registered design may be extended for a further five years. The total term of an Australian registered design is 10 years from the date of filing the application.