The scope of an Australian design registration is based predominantly on the representations filed and the product title assigned to the application.
The representations need to show how your product looks from different views. It is important to get the drawings right at the beginning because changes to the drawings that affect the scope of the design are typically not allowed after filing. It is preferable to submit black-and-white line type drawings, however, 3D model drawings produced by many CAD applications are acceptable. In some situations, photos can also be used.
Similarly, care must be taken when choosing a product title because it may affect the scope of the protection provided.
Besides the representations and product title, the names of the designers and the Applicant name are also required for the application.
We also have the option of filing a Statement of Newness and Distinctiveness with your design application. When used, this Statement emphasises the features of the design which should be considered new and distinctive in light of the known prior art. The Statement may be an effective tool during substantive examination to differentiate over the cited prior art.
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.