Filing and Registrations
In accordance with the Designs Act 2003 (Cth), the ultimate certification of a design registration for your product will require that the design of your product be new and distinctive in its appearance by comparison with designs which were published or used before the date of filing an application for registration of your design (i.e. the prior art).
However, there are some other important formal documentation requirements that need to be satisfied before certification can occur, and which begin at the time of filing a design application. Our Patent Attorneys can advise and assist you in assembling and preparing the documentation and drawing necessary to meet those requirements.
If a design application needs to be filed quickly, then there are certain minimal documentation requirements that need to be met. Otherwise, a design application can be filed in a timelier manner that satisfies all the formal documentation requirements.
Once filed, the design application is subject to a quick pre-registration formalities check by an Authorised Officer of the Australian Designs Office, and any deficiencies in the filed documents are reported to us in a written Notice.
If no deficiencies are found, the application will proceed to publication and registration. If deficiencies are found, we must respond to the Notice with written submissions seeking to address the deficiencies.
If the Authorised Officer deems that your design application satisfies the formal documentation requirements under the Australian Designs Act, a Certificate of Registration will issue from the Australian Designs Office. However, the resulting design registration needs to be examined and, if successful in its examination, certified before it can provide you with a statutory and enforceable design right and before design infringement action can be taken.