We are pleased to report that Parliament has ruled to change the Designs Act. The most important of these is the introduction of a Design grace period, coming in 10 May 2022.
How do you protect a Design, and what is a Design?
A Design protects any new aesthetics or appearance of a product. For example you can protect, as a Design, the new shape of a:
- mobile phone,
- a cover for a phone,
- a bicycle helmet,
- a whiskey or wine glass, and so forth.
When the Design is articulated in the correct form, with drawings that comply with the Design Act requirements, then you can enforce against others who sell unauthorised copies, or very close Design copies.
How long does Design protection last for?
In Australia, initially your Design will be Registered for 5 years protection. This initial Design protection term is extendible for a further 5 years, providing a total term of 10 years. The Design protection can be extended in Overseas jurisdictions provided that the Overseas Design Applications are lodged within the Paris Convention deadline.
What is a Design Grace Period?
This is where you can disclose your Design to the market, without being penalised. You can still apply to protect the Design, provided you are within certain time limits.
What is the Design Change that is occurring on 10 May 2022?
If you publish or use your Design, you can still validly lodge a Design Application to protect it, provided you do so within a year of the first disclosure.
Why use a Patent Attorney?
Our Patent Attorneys can advise you on the timing for Overseas Applications, ensure that the drawings are correct, and if all the requirements in the Design Act are met. It is important to ensure the Drawings are detailed correctly.
Once the Design Application is lodged, future changes are invalid if they are outside the scope of the initial Design Application drawings.
What is our general Design recommendation?
Use a Patent Attorney to represent you. There are many traps for the unwary in Intellectual Property Law.
For example, were you aware that you shouldn’t rely on the Design grace period, and only use it as a last resort.
Why? Many Overseas countries do not have a Design grace period. You don’t know if your Design will be substantially more lucrative for you Overseas. You could be very disappointed if you cannot protect your Design later, because of prior use.
Our Patent Attorneys can represent all of your Intellectual Property affairs. Your Patent Attorney can answer questions like:
- Do you lodge a Patent as well?
- Is a Patent relevant?
- Do you lodge the Patent or Design Application first.
- When do you lodge a Trademark Application?
Contact us today by filling out our Contact Form, or calling us on 1300 138 802.
