Filing in Australia from Overseas

Filing in Australia from Overseas - Griffith Hack

A single design application may be in respect of: (a) one design in relation to one product; (b) one design that is a common design in relation to more than one product; (c) more than one design in relation to one product; or (d) more than one design in relation to more than one product, if each product belongs to the same Locarno Agreement class.

Filing Requirements



In order to file a design application we require the following:

  • Representations (5 copies) of the product to which the design has been applied. Clear photographs are also acceptable. The representations should show a perspective view of the product and a view from every elevation.
  • Name of the product to which the design relates.
  • Full name and address of the applicant, together with the Australian Company Number (ACN) if the applicant is an Australian company.
  • Full name of the designer or designers..
  • Whether the applicant wishes to register or publish each design.

Registration (when followed by successful examination) results in a grant of monopoly rights in the design, whereas publication results in the design being published in the Register but does not confer any rights. We will assume that the applicant wishes to register each design unless we are specifically instructed to request publication only.

Convention Applications



If the application is to claim convention priority, we also require the following:

  • Details of the basic application from which priority is to be claimed including the country, application date, applicant and application number of the basic application.
  • If the applicant is not the applicant of the basic application, details of how the applicant became entitled to claim priority of the basic application.
  • A certified copy of the basic application and a verified translation (if the basic application is not in English); these documents do not need to be filed before registration, but will be required for subsequent examination.
  • The deadline for filing a convention application is 6 months from the priority date. If the anniversary of the priority date falls on a weekend or public holiday in Australia, the application can be filed on the next working day.

Minimum Filing Requirements



We can file an application if you provide us with the following:

  • A single copy of the representations showing the main views
  • The applicant’s name and address details.
  • Details of any basic application including the country, application number and date of the basic application.
  • oIdeally, the designer(s) name(s) should be provided at application stage. There is an opportunity to add this information within a short time after filing the applications, however this will cause registration of the application to be delayed.

Forms



No forms need to be signed by the applicant or designer(s) in order to file an Australian design application. It is not necessary to lodge any document setting out how the applicant derived its entitlement in the design from the designer(s).
We can prepare and file all necessary forms on behalf of the applicant, provided that we are given the information and documents referred to above.

Please contact one of our listed people on the right for further advice.
View Full Team


Contacts

profile image
Chris Sgourakis BSc LLB LLM Principal Melbourne | 03 9243 8300
profile image
Robert Wulff BE (Hons) BSc FIPTA Principal & Engineering National Practice Group Leader Sydney | 02 9925 5900

Related news & publications