Registered Design Attorneys Australia – Product Design Registration & Protection
The distinctive appearance of a product can be a valuable commercial asset. Australian registered design protection can help protect that appearance against unauthorised copying, subject to the scope of the registered rights and applicable legal requirements.
Australian Patent & Trademark Services (APTS) provides specialist registered design services to inventors, product developers, entrepreneurs and businesses throughout Australia and internationally.
Our services include design searches, assessments of potential registrability, preparation and filing of Australian design applications, examination and certification, international design filing coordination and ongoing portfolio management.
With professional intellectual property experience dating back to 1998, APTS combines technical understanding, specialist intellectual property advice and practical commercial experience to help clients protect the visual features of their products.
Based in Adelaide, we assist clients throughout Australia, including Sydney, Melbourne, Brisbane, Perth, Canberra, Hobart and Darwin, as well as international clients seeking Australian registered design protection.
As an independent boutique practice, we provide personalised service and direct senior attorney involvement, with advice tailored to your product and commercial objectives.
What Can an Australian Registered Design Protect?
An Australian registered design protects the overall visual appearance of a product resulting from one or more visual features.
These features may include the product’s shape, configuration, pattern or ornamentation.
Design protection can be relevant to a wide range of manufactured products, including:
- Furniture, chairs and household products.
- Consumer electronics and protective cases.
- Vehicle components, fittings and accessories.
- Bicycle helmets, frames and sporting equipment.
- Glassware, packaging and containers.
- Plant pots, fixtures and other commercially manufactured products.
Protecting the Appearance, Not the Technical Invention
Registered design protection concerns the visual appearance of a product. It does not, by itself, protect the technical principles or operation of an invention.
A new visual appearance may be registrable even where the underlying type of product is already known, provided the design satisfies the applicable legal requirements.
Where a product also incorporates a new technical or functional invention, patent protection may be appropriate.
Why Register Your Product Design?
A product’s appearance can contribute significantly to its market recognition, commercial appeal and competitive differentiation.
Registered design protection may provide important commercial benefits, including:
- Establishing registered rights in a product’s distinctive appearance.
- Providing a basis for taking action against certain substantially similar competing designs.
- Supporting commercialisation, licensing and product development.
- Helping protect investment in product appearance and design.
- Creating intellectual property assets that may have commercial value.
How Long Does Registered Design Protection Last?
Australian registered design protection can last for a maximum of 10 years from the filing date, subject to the applicable renewal requirements.
The initial registration term is generally five years, with an opportunity to renew for a further five years.
Why Early Professional Advice Matters
It is advisable to seek professional advice before publicly disclosing, selling or launching a product.
Earlier disclosure may affect the availability of design protection. Although Australian law provides certain exceptions and a limited grace period in qualifying circumstances, overseas rules can differ substantially.
An appropriate filing strategy should therefore be considered before commercial release, particularly where international protection may be required.
Australian Design Registration and Certification Process
Australian registered designs are governed principally by the Designs Act 2003 (Cth).
To satisfy the substantive registrability requirements, a design must be new and distinctive when assessed against the relevant prior art.
1. Initial Design Assessment
We discuss the product, its visual features, development history, previous disclosures and intended commercial use.
This assists in identifying potential protection issues and an appropriate filing strategy.
2. Design Searches
Where appropriate, searches may be conducted to identify earlier designs and other publicly available material relevant to newness and distinctiveness.
Search findings may assist in assessing potential registration and certification risks.
3. Preparation of Design Representations
Appropriate drawings, photographs or other representations are prepared to depict the design being claimed.
These representations are particularly important because they define the visual appearance for which protection is sought.
4. Filing the Design Application
The design application is prepared and filed with IP Australia, together with the required details and representations.
5. Registration
Following the applicable formalities process, the design may proceed to registration.
Registration and certification are separate stages in the Australian design system.
6. Examination and Certification
Examination can be requested to assess whether the registered design satisfies the substantive legal requirements, including newness and distinctiveness.
If the relevant requirements are satisfied, the design may be certified.
Generally, certification is required before infringement proceedings can be commenced to enforce the registered design rights.
7. Renewal and Ongoing Management
Registered design rights require ongoing attention to renewal deadlines, ownership details and relevant portfolio matters.
The Importance of Design Drawings and Representations
The drawings, photographs or other representations submitted with a design application are fundamental to the protection obtained.
Unlike patent claims, which define the scope of patent protection in words, registered design protection is closely tied to the visual appearance depicted in the application.
Why Accurate Representations Matter
Incorrect views, inconsistent illustrations, unnecessary visual detail or inadequate depictions can create difficulties in determining the design being protected.
Depending on the circumstances, the choice of representations and any permitted statements of newness and distinctiveness may affect the assessment of the registered design.
Professional Preparation and Review
APTS can advise on the appropriate representations and filing approach, taking account of the product’s visual features and intended commercial use.
Careful preparation can help reduce avoidable deficiencies and support a more effective design protection strategy.
International Registered Design Protection
Registered design rights are territorial. An Australian design registration does not automatically provide protection in other countries.
If you intend to manufacture, distribute, license or sell products internationally, overseas design protection should be considered as part of your commercial strategy.
International Filing Deadlines
In many circumstances, applicants have a six-month priority period following an initial design application in which to file corresponding overseas applications claiming the earlier filing date.
Applicable deadlines and filing requirements should be confirmed for each intended jurisdiction.
Overseas Design Filing Strategies
International design protection may be pursued through applications filed in individual national or regional systems.
In certain circumstances, the Hague System for the International Registration of Industrial Designs may provide an available filing route.
APTS can coordinate overseas design applications through our international intellectual property associates and assist with protection strategies for relevant markets.
Registered Designs, Patents and Trade Marks
A product may involve several different forms of intellectual property. These rights protect different aspects of the product and its commercial identity.
Registered Designs
Registered designs protect qualifying visual features of a product, such as its shape, configuration, pattern or ornamentation.
Patents
Patents may protect eligible technical inventions, including new products, devices, methods or processes.
Learn more about our Patent Attorney Services .
Trade Marks
Trade marks protect qualifying brand identifiers, including product names, logos and other distinctive signs.
Learn more about our Trade Mark Attorney Services .
Copyright
Copyright may protect qualifying original artistic works and other protected subject matter, subject to applicable limitations.
Depending on the product, more than one form of intellectual property protection may be appropriate.
Why Choose Australian Patent & Trademark Services?
Australian Patent & Trademark Services is an independent boutique intellectual property practice assisting Australian and international clients with registered designs, patents and trade marks.
Professional Experience Dating Back to 1998
Our practice draws on professional intellectual property experience dating back to 1998, combining technical understanding with specialist intellectual property advice.
APTS has operated under its established business name since 2006.
Direct Senior Attorney Involvement
As a specialist boutique practice, we emphasise personalised service, responsive communication and direct senior attorney involvement.
We aim to understand the product, its distinctive visual features and the client’s commercial objectives before recommending a protection strategy.
Australian and International Services
Although based in Adelaide, APTS provides registered design services throughout Australia and assists overseas clients seeking Australian design protection.
Our international associate network also enables us to coordinate design applications in relevant overseas jurisdictions.
Ongoing Design Portfolio Support
Our intellectual property management systems support the administration of design, patent and trade mark portfolios, including relevant filing and renewal deadlines.
Our objective is to help clients obtain commercially meaningful protection for their product designs, supported by professional advice and personalised service.
Registered Design FAQs – Australian Design Protection
Answers to common questions about protecting product appearance, design registration, certification and registered design rights in Australia.
1. What are product designs?
A product design concerns the overall visual appearance of a product resulting from one or more visual features, including shape, configuration, pattern or ornamentation.
Australian registered design protection relates to the appearance of a product, rather than its technical operation or function.
2. Can I register a new design for an existing product?
Yes. A new visual appearance applied to an existing type of product may qualify for registered design protection.
The design must satisfy the applicable legal requirements, including newness and distinctiveness when compared with the relevant prior art.
3. Why should I register my product design?
Registered design protection may provide valuable rights in a product’s visual appearance and support commercialisation, licensing and investment.
Once the relevant requirements for enforcement are satisfied, registered design rights may provide a basis for taking action against certain competing products incorporating substantially similar designs.
4. Should I apply before publishing or selling my product?
Ideally, professional advice should be obtained before publicly disclosing, advertising, selling or launching the product.
Public disclosure may affect the availability of design protection. Although certain Australian exceptions and grace period provisions may apply, overseas rules can be different.
Filing before public disclosure is generally the safer approach, particularly where international protection is contemplated.
5. How long does registered design protection last?
Australian registered design protection can last for up to 10 years from the filing date.
Registration generally provides an initial five-year term, with the opportunity to renew for a further five years, subject to the applicable requirements and fees.
6. Can I protect my product design overseas?
Yes. Registered design protection can be sought in relevant overseas jurisdictions, subject to local laws and filing requirements.
An Australian design registration does not automatically provide protection internationally.
International filing deadlines are important. In many circumstances, a six-month priority period applies to corresponding overseas design applications.
APTS can coordinate international design applications through overseas intellectual property associates.
7. What happens if someone copies my registered design?
The available options depend on the design’s registration and certification status, the alleged copying and the applicable legal requirements.
In Australia, a registered design generally needs to be examined and certified before infringement proceedings can be commenced.
APTS can assist in assessing potential infringement issues and advising on appropriate next steps.
8. Why are design drawings or images so important?
The representations submitted with a design application depict the visual features of the product and define the design being registered.
Inconsistent views, inadequate illustrations or unnecessary visual details may affect the scope or effectiveness of the resulting protection.
Professional preparation can help ensure the representations accurately reflect the design for which protection is sought.
9. What is the difference between a registered design and a patent?
Registered designs protect qualifying visual features of products.
Patents may protect eligible technical inventions, including products, devices, methods or processes.
Depending on the product, both forms of protection may be relevant, along with trade mark and copyright considerations.
Ready to Protect Your Product Design?
If you have developed a new product or distinctive product appearance, professional advice can help you understand your registered design protection options before commercial launch.
Contact Australian Patent & Trademark Services to discuss Australian design registration, certification and international protection requirements.
Alternatively, call 1300 138 802 .