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Steps to secure a design right
Applying for design right protection is a two-part process in Australia — registration and certification. You'll need to complete both in order to legally enforce your design right.
Part 1. Register your design
These are the steps to gain registration:
- You submit an application
- We publish some details of the application, including the names of the owner and the designer, on Australian Design Search
- Your application is assessed — this usually takes about 8 weeks
- You respond to any issues raised
- Your design is registered
- We publish the images you provided in your application on Australian Design Search.
From start to finish, the process will take at least 3 months.
Part 2. Certify your design (optional):
- Your design is examined — this takes about 13 weeks
- You respond to any issues raised
- Your design is certified.
From start to finish, the process will take at least least 3 months.
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1. Application
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2. Examination
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3. Renewal
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4. Management
1. Application
You must pay a fee when you file your design application. If there's more than one design in your application, you'll need to pay for each design that's included.
You can only apply for more than one design in a single application if each product can be categorised in the same Locarno class.
Regardless of the outcome of your application, you'll need to pay the following fees:
Action |
Fees |
---|---|
First design identified in the application at the time of filing | $200 |
More than one design applied for in one application at the time of filing | $150 per design |
Fees for further designs
If your application includes additional designs you haven't paid for, fees will apply. A design that falls into this category is known as a 'further design'. If your application contains further designs, we'll let you know in writing.
Action |
Fees |
---|---|
Fee for further design identified during the formalities assessment | $200 |
Postal application fees
If you can't submit your application online, you can post it to us. Please note, higher fees apply.
Action |
Fees |
---|---|
First design identified in the application at the time of filing | $400 |
Any subsequent designs identified in the application at the time of filing | $350 per design |
Fee for further design identified during the formalities assessment | $400 |