Filing & Prosecution

A product’s design is much more than just than the way it looks – it can have intrinsic commercial value that can be protected, especially when your design is the primary point of market differentiation.

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Once the representations of the design have been prepared and the title determined, the design application is filed at the Intellectual Property Office.  Our design experts can also assist with claiming priority from each design filings to extend protection into different jurisdictions.

In a number of countries, the design application is subjected to a formality check shortly after filing. The formality check includes an assessment of whether the minimum filing requirements have been met and, if not, any issues will need to be addressed before the application can proceed.

For Australian design applications, once the formalities check is complete, the design application will proceed to registration and the Designs Office will issue a Certificate of Registration. Upon registration, the details of the design will be published.  Filing to registration typically takes 1-3 months.

In Australia, the substantive examination process is an optional post-registration procedure but is required for the design to be enforceable. In the absence of any pressing commercial need to complete the examination phase, this step, and the associated costs, are normally deferred.

In most other countries, examination of the design application is compulsory and follows the initial formalities check. The substantive examination process can involve the lodgement of a request for examination, the issuance of an examination report setting out any issues of law, and the lodgement of a response to the report. Once all issues have been overcome, the design will proceed to grant.

Our experts can guide you through design legislation, pursue your rights when someone uses your design without your permission, advise on potential changes to your product’s design and renew your registrations.

Shelston IP’s Design expertise and services

Validity & Infringement Advice, Searching & Watching

Preparing Design Applications

Assignments, Licensing & Commercialisation

Revocations, Litigation & Other Disputes

Portfolio Management & Renewals