Overseas Design Applications

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

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What Is An Overseas Design Application?

An overseas design application simply means securing protection for your design in other countries, the same as you would in Australia.

If you have filed for design rights protection in Australia, it is also recommended to do so in other countries soon afterwards. Even if you do not have immediate plans to expand internationally. As a design registration in Australia can only be enforced in Australia, if you want your design to be enforceable in other countries, you need to file it in those countries.

This gives you the right to defend against misuse or infringement in selected countries, protecting the value of your design and giving you greater control over its use.

While you do not have to make an application overseas, not doing so makes it possible for others to make and sell products using your design and gives you minimal power to stop it.
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The Overseas Design Rights Application Process

Applying for design rights overseas is a complex and often challenging process.

Unlike other forms of IP that allow you to apply for protection in multiple countries at once, design rights must be applied for on a country-by-country basis.

Each country you opt to seek protection in will have different requirements and may legislate that applications can only come via an IP professional such as a patent attorney.

Additionally, fees will apply for each application made. These fees can vary significantly and are to be paid in the local currency. Processing times, examination criteria and other details may also vary greatly.
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Can I Manage An International Design Application By Myself?

Unless you have significant experience in lodging international design rights applications, making an application without legal guidance is not recommended.

It is important to remember that this is not simply a matter of completing a form and paying a fee. The same, if not more in-depth preparation involved with an Australian application also applies overseas. Further, unless you have an office in the overseas country you are required to engage an attorney in each country you file in. Unless you have connections to these foreign attorneys this task is difficult.

If you wish to undertake some due diligence before filing, improper research into existing design rights databases or similar could put you at risk of a rejected application with no refund on fees or worse, being sued for infringement.

To avoid exposing yourself to unnecessary risk or paying excessive fees, it is advisable to develop a global strategy to best inform our approach and seek legal counsel. Typically, this means engaging the help of a patent attorney.
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How A Patent Attorney Can Help

A patent attorney is a highly skilled and qualified legal expert who specialises in intellectual property law with design rights a large component of this.

Experienced with overseas design applications, a patent attorney understands how to properly prepare, submit and manage these applications from start to finish. They also have connections to foreign attorneys in all countries and can ensure your application is expertly handled.

A recognised legal practitioner, they are best placed to guide you through even the most complex international legislation for design rights and navigate any complications.

With a patent attorney on board, you are far more likely to achieve success with international design applications while also benefiting from tailored guidance on where to apply and why. Reducing stress, and fees whilst also making the entire process far more efficient.
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IP Guardian - Leading Design Rights Attorneys

Backed by decades of combined experience and with a proven history of success, the team at IP Guardian offers unmatched guidance and support for overseas design applications.

Whether you are undecided on which countries to apply to and need advice or have begun an application and found it overwhelmingly difficult, we’re here to help.

Our overseas design rights application services are designed to be both accessible and affordable. With us, you can obtain essential legal advice without compromise and secure the protection your IP deserves.

Proud to work with Australian innovators and businesses, we’re the team you can count on to protect your design rights in Australia and overseas.
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