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Australian design registrations
Convention deadlines, filing requirements and registration procedures
Australia applies the six month Paris Convention priority deadline.
The filing requirements
The minimum filing requirements are:
- the title of product to be protected,
- one (1) set of representations,
- name(s) and address(es) of the applicant(s).
A Power of Attorney is not required.
The representations must show (and the title must identify) an entire product. The product may be part of a larger complex product, which complex product should not be shown in the representation.
Entitlement at filing is important
It is important to ensure the applicant is entitled to the design. Typically registration occurs within a few weeks of filing, after a formalities check and without substantive examination. If the registered owner is not entitled to the design at registration, the design registration may be held invalid.
10 year term
The registration may remain in force for a period of five years, then be extended for a further five years by paying a single renewal fee.
Examination is optional
Substantive examination is not compulsory but can be requested at any time. If examination is successful, the registration will be certified. Certification is required before enforcing or threatening to enforce the registration.
Experienced Australian patent attorneys to care for your clients' Australian design rights. WADESON