In some jurisdictions, including in Australia, formality checks are required
subsequent to filing. These formality checks include an assessment of
whether the minimum filing requirements have been met.
Home > Design Rights > Filing & Prosecution of Design Rights
In some jurisdictions, including in Australia, formality checks are required
subsequent to filing. These formality checks include an assessment of
whether the minimum filing requirements have been met.
For Australian design applications, once this check has been completed, the
application then proceeds to registration, and the Designs Office issues a
Certificate of Registration. After the design is registered, design details will
then be published. This period from filing to registration usually takes between
one and three months.
Unlike in many jurisdictions, in Australia, the examination process is optional
(although it is a prerequisite for the design to be enforceable). In most cases
the examination step is not necessary in the immediate term, and can be
deferred to a later date to avoid unnecessary additional costs.
In the majority of jurisdictions, examination of the design application is
compulsory, and follows the initial formalities assessment. Substantively, the
examination process can include lodgement of a request for examination, issue
of an examination report outlining all relevant issues of law, and lodgement of
a response to the report. When all issues have been resolved, the design will
be granted.
At Platform IP, our design experts will guide you through complex legislation,
manage the filing process, provide expert advice on navigating complex
cross-jurisdictional requirements, deliver concise ongoing instructions to ensure
that your protection and profits are maximised right throughout the life of
registration, and pursue your rights to the highest degree.
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Speak to a registered attorney about protecting your idea
or brand today. Free initial consultation and advice.
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