Design Prosecution/Examination - Griffith Hack
|In Australia, an application for a Registered Design will be registered after passing a formalities check. Generally, the "formalities check" by the Designs Office involves checking for sufficient information to enter the Design onto the Register. On passing the formalities check, the application will be registered and published.|
Examination of a Registered Design in Australia is optional. However, a Registered Design can only be enforced after the Design has passed Examination and a "Certificate of Examination" is issued. Examination by the Designs Office involves checking the Design for substantive validity issues, such as "newness and distinctiveness" over prior art designs. During Examination, the Designs Office will issue an Examination report stating any grounds of invalidity. The owner of the Design will then have an opportunity to respond to the report to overcome these issues. If the grounds of invalidity are not overcome, the Design will be revoked.
There is the option for a third party to file a request for examination, even after a Certificate of Examination has been issued. If the third party is not satisfied with the result, their only option is to appeal the decision of the Designs Office to the Federal Court.
At Griffith Hack we have extensive experience in Registered Designs, including filing and prosecuting Designs to certification. Our expertise includes identifying the new and distinctive aspects of the Design, and filing an application accordingly to ensure maximum protection of the Design. We also have extensive experience in responding to Examination reports.
|Please contact one of our listed people on the right for further advice.|
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