Design attorney

Design Registrations

Dedicated patent and trade mark attorneys, personalised and commercially oriented service.

What is a Design Registration?

Design registrations provide the registered owner with the exclusive right to exploit their design within Australia. Our design IP attorney team has comprehensive knowledge of the design registration process and can provide you with commercially tailored advice with respect to protecting your design.

At IP Guardian, you will find a team of experienced Sydney design attorneys specialised in handling issues regarding design registration Australia-wide. For design registration from Melbourne to Brisbane, IP Guardian has you covered.
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Start Your Design Journey with Our Expert Sydney Design Attorneys

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Navigate the complexities of design protection with our specialised services, ensuring your creative works are securely registered in Australia, safeguarding your unique designs against unauthorised use and infringement.

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What is a Design?

A ‘design’ is the overall appearance of a product resulting from one or more of its visual features. To be eligible for registration, a design must be both new and distinctive. To be considered new, a design must not be identical to another design.

A design will be distinctive if it is similar in overall impression to other designs currently in the public domain. We can provide advice on the eligibility of your design for registration. This will set you up for design protection and safeguard your intellectual property.
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Why Should I File a Design Application?

A granted and certified design provides the owner with the protection of the overall appearance resulting from one or more visual features of a product. If you put effort, time, and money into developing a new design and do not obtain a design registration, then anyone is free to use your design as they wish.

As such it is important to file a design application and get a design registration before you exploit or show your design publicly. For design registration in Australia, get in touch with our team of expert design patent attorneys.
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Secure Your Design with a Design IP Lawyer

When it comes to design protection, Australia has some of the top design patent experts in the field right here at IP Guardian. Our team of specialist design IP attorneys will handle the entire design protection process with utmost care and attention, making sure your expectations are met and even exceeded.
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Why Should I Use IP Guardian?

Ultimately, only a small number of “do-it-yourself” applications are successful. Most are not filed correctly and abandoned due to insufficient knowledge of the application process or requirements. Professional advice is therefore essential for the desired outcome.

Feel free to contact your patent attorneys from Sydney for any type of advice you need. Additionally, we can provide help with design registration and design protection in other Australian localities. We at IP Guardian are at your service whenever you need guidance regarding your patent, including matters regarding design protection and registration.
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Specialists in Sydney Design Registrations

We offer convenient payment options so you can protect your IP including patents, trade marks, and design registrations immediately and pay overtime with no interest.

Would you like to know more about how we can assist you with design protection in Australia? Request your free no-obligation consultation with an IP Guardian design registration attorney.
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Design FAQ's

What Is A Registered Design?

In Australia, a registered design gives the holder exclusive rights or monopoly use over an article having a particular design applied to it (i.e. it protects the look or aesthetics of the article), so that nobody else can commercialise a product in Australia that looks substantially the same in overall impression. To secure the rights over this design it must be new and distinctive - new in the sense that it must not be the same as existing looking articles, and distinctive in the sense that it must look distinctive over what is already in the public domain.. In the USA, a registered design is called a “design patent”, and a patent is called a “utility patent”.
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How Do You Register A Design?

To patent a design in Australia you can apply for Design rights via a two-part process.

You can do this directly through IP Australia following their application guide or with the support of a professional design attorney such as those as IP Guardian.

How Long Does A Registered Design Last?

Unlike standard patents which can last upwards of 20 years, a design right lasts for 10 years from the filing date, if you pay the renewal fee .

The initial application lasts for five years. You can apply for a renewal at the close of this period to obtain a further five years of protection. It cannot be extended beyond this.

How Much Does It Cost For A Registered Design?

When applying for a registered design in Australia you can expect a cost of between $1000 to $2000 when applying through a patent attorney, including official fees of $250. This depends on what disclaimers are required, and the preparation of allowable figures. On filing there will be a formalities process that is carried out,and if more than one design is identified in the application, IP australia may require you to divide the application into more than one filing, or delete figures to one or more of the designs.

Should you choose to engage an IP attorney to assist with the filing, this does streamline the process and eliminate the risk of hidden fees showing up during the assessment process.

How To Protect A Product Design

Before applying it is essential that you determine this is the right type of IP protection for your needs, and that your design is new and distinctive over the “prio art”. You can do this via the Australian Design Search tool or by searching for similar designs online.

Once you have determined your design is new and distinctive and all your supporting paperwork is prepared, you can apply directly with IP Australia or with the assistance of a dedicated patent attorney.

How Does A Design IP Lawyer Enhance The Process Of Design Registration?

A design IP lawyer brings specialised knowledge of intellectual property law to ensure your design is effectively protected against infringement. They guide you through the complex registration process, manage legal paperwork, and provide strategic advice to enhance your design's commercial value.

What Differentiates A Design Patent Attorney From A Regular Patent Attorney?

A design patent attorney specialises in the specific legal issues related to design patents, offering expert advice and representation that's tailored to the unique aspects of design intellectual property, ensuring your visual creations are adequately protected.

Why Is Design Protection Crucial In Australia?

Design protection in Australia safeguards your creative investment, ensuring you maintain exclusive rights to use and commercialise your design. It prevents competitors from copying or exploiting your design without permission, thus maintaining your market uniqueness and competitive edge.

What Steps Should I Take To Prepare For Design Registration In Australia?

Preparing for design registration involves ensuring your design is new and distinctive, understanding the scope of protection needed, and gathering all necessary documentation. Consulting with a design IP attorney can significantly streamline this process and improve the success rate of your application.

Can International Designs Be Registered In Australia?

International designs can be registered in Australia, provided they meet Australian design registration requirements. It's crucial to seek advice from a design IP attorney to navigate the international and domestic aspects of design registration seamlessly.

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Case Study

Focusing on design protection, IP Guardian assisted a client interested in adapting a patented U.S. baby care product for the Australian market. After a thorough review of patent databases, we provided detailed guidance on design modifications necessary to avoid patent infringement.

Our strategic counsel ensured the client could introduce an improved, legally distinct version of the product, highlighting our expertise in navigating the intricacies of design rights and patent law to foster innovation and market expansion. This approach not only protected our client's interests but also reinforced the importance of design differentiation in maintaining legal compliance and market competitiveness.

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