Registered Designs
Also known as a Design Patent, get protection for the visual appearance of your product.
This means that you are protecting features like your product’s shape, configuration, pattern, or ornamentation. When you’re granted a design registration, you get the exclusive right to decide who can and can’t make, import, or sell products that look like your design. Importantly, this can be a useful tool for preventing cheap knockoffs.
What is a registered design and why is it important?
Discover clear, concise answers to your most common questions about designs and their role in protecting your products.
What can be protected by a registered design?
A registered design protects the visual appearance of a product. That is, its shape, configuration, pattern, or ornamentation. You get the sole right to use the design commercially, meaning you can stop others from manufacturing, selling, or importing products with the same or substantially similar appearance.
What are some other benefits to registering my design?
A registered design is an intellectual property asset you can license to others for royalties, sell outright, or use as security for financing. Also, it signals to competitors that your product’s look is protected, often deterring copying before it even starts.
Will my design be certified?
Designs are registered after only a formality check, while certification is an optional, additional step in Australia. However, a design must be examined and certified by IP Australia before you can enforce it. If you do request certification, the key requirements are that your design is new, but also distinctive, when compared to any design that has already been made public anywhere in the world before your filing date.
Do I need to keep my design secret?
You should keep your design secret before an application is filed. But, once it has been lodged at the design office, you are free to disclose, make, and sell your product. If you do disclose your design, however, get in touch with us as soon as possible to explore the options for taking advantage of a grace period.
Are registered designs expensive?
Compared to patents, registered designs are relatively inexpensive and quicker to obtain. Accordingly, this makes them accessible for small businesses and individual designers. Additionally, in Australia the substantive examination process is optional, allowing costs to be delayed or even avoided in some situations.
How long does design protection last?
Registered Designs in Australia are valid for up to ten years from the initial filing date, but in other countries this can vary.
Why do registered designs matter?
Registered designs, or design patents, exist to reward creativity and visually distinctive products. Even if your product is functionally similar to others on the market, it still allows you to protect the differentiating features. They give inventors and businesses the peace of mind to invest in new products, knowing that a competitor can’t simply copy their work the moment it hits the market.
Where do I begin?
A Registered Design Application is typically the first step and should be done as early as possible. This provides you with 6 months of international protection before you need to decide if you also want to file applications overseas as well.
I designed a stylish new product. Where to start?
There are a few options related to design protection depending on the stage of your product development and whether you want to protect it or are worried about someone else already having design protection.
Freedom to Operate Search
If you have a new product design you might be worried that someone else already has a registration. Before spending money on further development or tooling for manufacturing, for example, we can conduct searches to assess the risk from competitor designs, potentially saving you significant money or legal problems in the future.
File a Design Application
You have your product designed and are ready to go public. It is essential that before you do, you get that initial application filed at the designs office so that your “priority date” is set.
Design Enforcement
Once you have design protection, it is up to you to enforce your rights effectively. If you discover someone else selling a similar product, for example, we can take you through the available remedies.
Start Protecting Your Ideas Now
Discover how securing design protection can safeguard your products and unlock new opportunities. Learn more about our registration process and get expert guidance every step of the way.
