Design Oppositions

Highly skilled and qualified design rights attorneys, offering expert advice to individuals and businesses regarding design rights prosecution, opposition and defence.

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What Is Design Opposition?

Design opposition in Australia refers to a dispute over the registration of a design. It is a formal challenge against a design right that can be made by anyone who believes the claim is invalid.

You may have an opposition raised against a design you are attempting to register or you may decide to oppose a design registration application being made by someone else.

Ultimately, raising an opposition to a design registration indicates that the applicant believes that the applicant for the design is not entitled to the rights in that design.

Design oppositions, while not uncommon, are more likely to be avoided by performing an in-depth search of design registers and of products available in the market before making an application.
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The Design Opposition Process

While there is no formal ‘opposition procedure’ in the Australian design registration system, you can formally challenge the registration of a design by requesting examination of a design while submitting evidence that the design was not sufficiently new or distinctive when compared to the prior art that existed before the priority date of the design application.

Any party can request the examination of a registered design at any time, unless the design is already part of court proceedings.

Accepted reasons for raising a challenge include any assertions that:

- The design isn't new and distinctive compared to the prior art base
- The design is for an integrated circuit or part thereof
- The design is an Olympic Insignia
- The applicant is not entitled to the design

Australia’s governing body for intellectual property, IP Australia handles these disputes.

Evidence to support the challenge must be supplied by the challenger and will be carefully considered by IP Australia during examination. If the registered design is still accepted for certification, it is possible to escalate the matter to a hearing before the Commissioner at IP Australia. Appeals to the Federal Court are also possible.

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Can I Navigate Design Opposition Without Help?

Raising a challenge against a design registration or attempting to defend one can be complex and time-consuming.

Errors in lodging a request or responding to one and any omissions of valuable evidence to support your position, could see you with a less than favourable outcome.

Where your design rights are challenged, this could mean the loss of your IP rights. In extreme cases it could mean that the design rights can be transferred to someone else.

For this reason, engaging the support of a qualified patent attorney who specialises in design rights is strongly recommended.
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How A Patent Attorney Can Help

A patent attorney is highly skilled and experienced in all aspects of design rights legislation including how to lodge a dispute or opposition or defend against one.

Understanding in detail how to prepare evidence, no matter which side of the dispute you are on, they ensure your position is clear and expertly backed up.

This best positions you to achieve the desired outcome and protect your valuable design rights both now and in the future.

Professionals in all areas of design rights prosecution, patent attorneys can also prepare and file design rights applications, respond to examination reports and defend against allegations of infringement where required.
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IP Guardian - Skilled Patent & Design Opposition Attorneys

Highly qualified and with decades of combined experience, IP Guardian’s team of patent attorneys offers unmatched advice and support in all areas of design rights.

Should you find yourself in a position of needing to dispute a design or defend against a dispute over your rights, we’re here to make the process stress-free and straightforward.

Committed to protecting your IP rights, we provide affordable and accessible legal advice that makes no compromises on the quality of service or outcomes.

Detail-driven and with a reputation for utmost integrity, we guarantee to discover all necessary evidence to support your claim and prepare you to confidently navigate design oppositions.
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