How to register a design in Australia
In Australia, you register a design through IP Australia under the Designs Act 2003 (Cth). Registration protects the visual appearance of a product (shape, configuration, pattern, ornamentation). Initial registration is for 5 years and can be renewed once for a further 5 years (10 years total).
The framework
Designs in Australia are governed by the Designs Act 2003 (Cth) and the Designs Regulations 2004 (Cth). IP Australia administers design registration. Significant amendments to the Act commenced in 2022 (grace period and prior user defence).
The process
Confirm the design is registrable
Under section 15 of the Designs Act 2003, a design must be new and distinctive when compared to the prior art base. The visual features must arise from one or more of shape, configuration, pattern, or ornamentation.
Avoid prior public disclosure
Although a 12-month grace period now applies for designs filed after 10 March 2022, it is still safer to file before any public disclosure to avoid disputes about the prior art base.
Prepare design representations
Prepare clear drawings or photographs showing the design from multiple views. Representations must comply with IP Australia's formality requirements under Regulation 3.06.
Identify the product(s)
Specify the product or products to which the design applies. The product determines the scope of registration and the prior art base used for assessing distinctiveness.
File via IP Australia eServices
File the design application through IP Australia eServices. Pay the filing fee, which depends on the number of designs and products in the application.
Formalities check
IP Australia conducts a formalities check (not a full examination) under section 39. If formalities are met, the design is registered automatically — typically within a few weeks.
Registration
Once registered, the design is published on the Australian Designs Data Search. Registration grants exclusive rights but the design must be certified before being enforced in court.
Request certification
Before enforcing the design (e.g. infringement proceedings), request examination and certification under section 63. Examination assesses newness and distinctiveness against the prior art base.
Examination outcome
If examination identifies issues, you can amend or argue. If the design satisfies the requirements, IP Australia issues a certificate of examination, making it enforceable.
Renewal
Registration lasts 5 years from the filing date and can be renewed once for a further 5 years (maximum 10 years total) under section 47. Pay the renewal fee before the expiry date.
Forms and templates
- Designs application via IP Australia eServices
- Request for examination and certification
Common mistakes
- Confusing design protection with copyright or trade mark
- Public disclosure outside the 12-month grace period
- Poor quality representations
- Trying to enforce an uncertified design
- Missing the renewal deadline
Get this process right with Quillio
Quillio can help describe the product features, draft statements of newness and distinctiveness, and prepare responses to examiner queries. See /practice-areas/intellectual-property or start a free trial.
This guide is general information, not legal advice. Design law is technical and overlaps with copyright and patents. Engage a registered patent and trade marks attorney for advice.
Get this right the first time.
Quillio drafts the forms, checks against current requirements, and surfaces the relevant authority — all in one place. The free trial requires no sales call.
Start your free trial