External appearance of a product (registered design)
1. | What is a registered design? | A registered design protects the shape, configuration, pattern or ornamentation of a product, that is, what gives a product a unique appearance. |
2. | What rights does a registered design give me? | A registered design confers upon the holder the right to stop others using the registered design in the country in which the design is registered. |
3. | Does a registered design need to be registered? | Yes. |
4. | Does a registered design operate 'worldwide'? | No. A separate registered design needs to be sought in each country where the right to realise economic benefits from the registered design is sought. |
5. | How long does a registered design last? | A registered design lasts 5 years. Before the expiration of that time it can be renewed for a further period of 5 years. As it can only be renewed once, the maximum duration of a registered design is 10 years. |
6. | How do I search existing registered designs to see if my design is new and distinctive so that it can be registered? | You undertake search for a registered design on IP Australia's website. |
7. | How do I make an application to register a registered design? | You can lodge the application online on IP Australia's website. You can also engage a patent attorney to file the application for you. |