Convention Design Applications

Highly qualified and skilled patent attorneys, offering personal and commercially oriented advice regarding convention design applications, securement and defence

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What Is A Convention Design Application?

A “convention” design application refers to the process of filing for design rights while claiming the priority date of an earlier filing made in Australia or another country under the Paris Convention. The Paris Convention is a multinational treaty that Australia and 170 other countries are signatories to, where each of the countries have agreed to recognise the priority rights of design applicants where these applicants have filed “home” applications in another country within the last 6 months.

Under the Paris Convention, if an Australian design application is filed within 6 months of another field in a foreign convention member country, it will benefit from the filing date of that earlier foreign design application. Or vice versa.

This can help you to achieve design protection in Australia or overseas for the look or aesthetics of a product, while simultaneously allowing you to go ahead in commercialising the product as soon as the first application has been filed.

Filing a convention design application is particularly beneficial to those who are seeking to obtain enforceable rights in overseas countries across multiple markets.
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The Convention Design Application Process

Navigating the design filing process is incredibly complex, if you are seeking to make a convention design application, this can be even more challenging.

In addition to the standard design application paperwork, where you are claiming the earlier filing through convention, multiple additional documents will be required.

While this may vary depending on which country you are filing in, typically you must state clearly that you are making a convention design application and give evidence of the earlier filing such as the:

- Applicant name
- Application number
- Date of filing
- Country filed in and
- Title, among other details

The gathering of these details and filing must be handled and submitted within 6 months from the first filing for design rights applications.
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Can I Manage A Convention Design Application Myself?

Due to the challenges in making a convention design application, particularly if overseas and given the 6-month timeframe, attempting this process yourself is not advised.

Different countries may have different formalities requirements, and the figures being submitted for the design application may be required to meet the particular standards set by that country.

Failure to properly prepare a convention application could result in the loss of rights or a reduction in the scope of protection available to you. To avoid these complications and the wasted time and expense associated, it is strongly recommended to engage an expert in convention design applications.
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How A Patent Attorney Can Help

A patent attorney is a highly skilled and qualified legal expert who specialises in patent and design rights - making them best positioned to assist with convention design applications.

Whether you have attempted to manage this process yourself unsuccessfully or have no idea where to begin with making a convention design application, a patent attorney can help.

Understanding that time is of the essence and the need to ensure your design rights are protected in your chosen markets as quickly as possible, a patent attorney efficiently manages this process on your behalf. Patent attorneys will also be able to keep track of and remind you of deadlines for filing in overseas countries.

Facilitating an error-free, streamlined process, they can help to provide valuable peace of mind that your intellectual property (IP) is protected and your rights defensible.
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IP Guardian - Expert Convention Design Application Attorneys

At IP Guardian, our team of patent attorneys offer a wealth of experience backed by decades of legal practice, providing you with unmatched expertise and advice concerning convention design applications.

Committed to providing affordable and accessible legal advice, our services provide you with reliable guidance from qualified experts with no compromise on the quality of service or outcomes.

Proud supporters of Australian innovation and dedicated to the protection of your IP, we’re the team you can trust to expertly handle your convention design applications both here and overseas.
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