Examination and certification
At Maxwells, we highly recommend the filing of a Request for Examination if you wish to seek enforceable rights from certification of your design registration. Examination is optional and can be requested at any time during the 10 year term of a design registration.
A third party (such as a competitor) may also request examination of the design registration and may supply the Australian Designs Office with any information that is relevant to the Examiner’s decision of whether or not the design is new and distinctive under the Australian Designs Act. A third party requesting examination must pay half of the examination fee and the balance must be paid by the owner of the design registration, otherwise the design registration will cease.
To have your design registration certified, you must:
- Lodge a Request for Examination with the Australian Designs Office.
- Await the Examiner’s Report which will outline any objections, including objections based on the similarity in the appearance of your design to earlier published designs which have been revealed by searches conducted by an Examiner at the Designs Office.
- If no objections are raised, the design registration will proceed to certification.
- If objections are raised, we must respond to the Examiner’s Report with written submissions, such as amendments or arguments, seeking to overcome the objections.
If the Examiner deems that your design satisfies the newness and distinctiveness requirements under the Australian Designs Act, a Certificate of Examination will issue from the Australian Designs Office. The resulting certified design registration provides a statutory design right which is enforceable.
Our Patent Attorneys will assist you with the preparation and filing of your design application, including the design drawings and other formal documentation requirements, and with the examination and certification requirements. Once your design registration is certified, our professionals can advise and assist you on your design portfolio management and the integration of your certified design registration into your business development and commercialisation, optimising its strategic and commercial value.
We can also advise and assist you in the negotiation, preparation and execution of relevant commercial transactions and agreements which rely on your certified design registration and any related intellectual property, such as confidentiality, manufacturing, distribution and licensing agreements.