Registration of industrial designs in Australia – Any company that owns an industrial design and intends to expand its business in the Australian market should use the Australian intellectual property system. It is paramount for businesses to file an industrial design application in Australia for industrial designs, even if the launch of the respective product on the Australian market has not yet commenced.
Requirements for application for registration of industrial designs in Australia
The official language when registering industrial designs at the Australian Intellectual Property Office is English. Design applications may be filed in any language; however, an English translation certified by the applicant or translator must be submitted at the time of application. This requirement does not apply to text forming part of an industrial design.
The following information and documents need to be provided in the application for registration of an industrial design in Australia:
- requirements for registration of industrial designs in Australia;
- name, address, and nationality of the applicant, business address;
- industrial design name;
- information on priority rights (if any);
- proof of payment of the respective fees.
- if novelty is claimed in a particular part of the design, a description of the aspect of the novelty will be required.
Conventional priority may be claimed within six months of the earliest filing date. Copies of the Preferred Document, as well as an English translation of this document, are required only upon request by the appraiser or a third party.
The submission of Power of Attorney is not required for the registration of industrial designs in Australia.
Examination of industrial design applications in Australia
An application for registration of an industrial design in Australia will only have to go through a formal examination. Substantive examination is an optional process that takes place after the design is registered. After the industrial design undergoes a successful examination, the design owner will receive a certificate of registration of the design. The substantive examination can be requested at any time after registration.
Validity period and renewal of industrial designs in Australia
There is no renewal period for novelty in Australia, but the use of a work of art that has not yet been industrially applied may not detract from the novelty of the design in some cases.
No industrial design registration certificate fee is prescribed. Industrial designs in Australia are valid for 10 years from the date of filing. The industrial design renewal fee will have to be paid every 5 years. Late payment of this fee is possible during a six-month grace period with a corresponding surcharge for each month after this period.
Represented by an industrial design registration attorney
An international applicant for industrial design registration in Australia should conduct an industrial design search in Australia through a law firm, or a solicitor with expertise in industrial design registration.