Design registration preparation checklist (AU)
Registered designs protect the visual appearance of a product. This checklist helps IP lawyers scope and file a design application at IP Australia.
This is a 12-step checklist for preparing a design registration under the Designs Act 2003 (Cth). It covers representations, classes, and the newness and distinctiveness tests.
The checklist
Confirm applicant and owner
Identify the registered owner and confirm ownership is properly assigned.
Identify the product
Identify the product or products to which the design will be applied.
Assess newness
Assess whether the design is new compared to the prior art base.
Assess distinctiveness
Assess distinctiveness from the standpoint of the informed user.
Check grace period
Check whether the 12-month grace period applies to pre-filing disclosures.
Prepare representations
Prepare clear drawings or photographs showing all features of the design.
Select Locarno class
Select the appropriate Locarno Classification class for the product.
Exclude non-visual features
Exclude functional or non-visual features from the representations.
Consider priority claim
Consider whether a Paris Convention priority claim is available.
Choose registration path
Decide whether to request examination now or only register.
Document design history
Document design creation dates and authorship to support priority and ownership.
File and diarise
Lodge the application and diarise registration, examination, and renewal dates.
When this checklist applies
Use when preparing a new design registration or running a pre-filing review of draft representations.
Common pitfalls
- Representations inconsistent across views
- Design disclosed publicly more than 12 months before filing
- Product description too narrow, limiting enforcement
- Functional features improperly claimed
- Missed priority claim from overseas filings
Run this checklist on a real matter
Quillio can compare designs against the prior art base and flag representation issues. See /practice-areas/intellectual-property or start a free trial.
General Australian registered designs guidance. Design strategy depends on product and market context — confirm with IP Australia practice.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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