IP INFORMATION - Design Application

Registration of a design protects aspects of the visual appearance of an article. The protection relates to the appearance of an article rather than its function, which is covered by patent protection. Design protection can be useful in preventing competing products of a very similar design. In order to meet the requirements for registration a design must be new or original. As a general rule a new or original design must not have been published prior to the filing date of an application.

Publication can include simply the communication to one person not under an obligation of confidentiality. Therefore, if design protection is required it is imperative that any commercial dealings, sale, manufacture or advertising be delayed until a design application has been filed. Some articles can be covered by Copyright in Australia and include production drawings for industrial products and artistic works. Generally two dimensional works including drawings, manuals, and plans are the subject to copyright protection.

Three dimensional designs which are going to be manufactured on a commercial scale are protected by virtue of the Designs Act. However, an industrial design cannot have dual protection under both the Copyright and Designs Acts. The application procedure, as illustrated in the flow chart, begins with the filing of an application form accompanied by a set of drawings representing the design. The drawings define the monopoly in the design and therefore particular attention must be given to their drafting.

The date of filing known as the "priority date" can be used to file under international convention in a number of overseas countries providing that this is done within six months of the filing date in Australia. The maximum term of a design registration is 16 years from the filing date. The initial period of protection is one year, after which the term of the registration must be extended in order for the design registration to remain in force. Three five year extensions of the registration are available. These extensions fall at the end of the 1^st, 6^th and 11^th year after filing.

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