Details Registration of Design Patent in Australia
Here you can mandate us to get design protection in Australia.
We will prepare and file your design patent application. Our offer includes the official fees for the application and registration.
The registered design patent right in Australia will be established through a registration which will last around 3- 4 months.
The maximum term of protection is 10 years provided the registration is renewed after 5 years for another 5 years.
The term of protection will be calculated from the date of filing. In certain cases the protection starts 6 months before the actual application date in Australia, f.e. if an application for a design patent was filed in a foreign country not more than 6 months before the new application in Australie and the priority of this foreign application is claimed in the new application).
The registered design patent in Australia is an unexamined industrial property right. The office nor we will examine the novelty and individual characteristic of your design. You will have to confirm that your design is new and distinctiv.
A Design can be registered in Australia only if it is new. It may not be identical to any design previously disclosed anywhere in the world (including on the internet), nor any design previously used in Australia. Furthermore the Design has to be distinctive. It may not be substantially similar in its overall impression to any design previously published anywhere in the world nor any design previously used in Australia.
Some designs are not registrable by law. These include designs for medals, layouts for integrated circuits, Australian currency and scandalous designs. A scandalous design is one which is shocking or offensive to the public or an individual's sense of propriety or morality.
When your design application passes the formalities check of the office, your design will be registered and advertised in the Australian Official Journal of Designs. This will occur within a matter of weeks. If you haven't requested registration when submitting the application, you must apply in writing to request registration or publication of your design within six months of the filing date of your application. Otherwise the application will lapse.
For the registration of a patent design you need:
- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);
- images or drawings showing only your design in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); please note that the protection will rest on what can be seen in the views only.
- contact details of the client;
- contact details of the to be registered owner of the design right and
- if the registered owner shall be a juristical person we need a copy of the commercial register;
- name of the natural person(s) who created the design;
- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
If you engage us we will render the following services: Preparation of the filing including selection of the classes of goods (Locarno-classification); Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic); requesting additional documents or new images; legal advice with regard to the filing process and documents; sending the prepared filing details to you for review; Filing the application at patent office; Representation of the applicant in front of the office; Payment of the office fee (application fee, registration fee, publication fee); Transmission of office documents as well as the letter confirming the application; Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application; Receipt, checking and forwarding of the registration certificate(if available) and a copy of an extract from the register; Receipt and transmission of all documents sent from the patent office after the registration;
docketing and deadline, renewal time monitoring.
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