Design Filing Fees & Timeframes

Filing for a registered design in Australia isn’t just about submitting drawings and forms, it also involves understanding the fees and deadlines that apply at every stage of the process. Missing a payment or timeframe can result in your design being treated as never filed, lapsing early, or even being removed from the Register.

Filing Your Design – Application Fees

You must pay a fee when filing your design application. This fee applies regardless of whether the application is ultimately successful. If you’re including more than one design, each must be in the same Locarno class to be filed together in a single application.

The current fees are-

• First design in the application: $200
• Each additional design in the same application: $150

Multiple Designs in One Application

If you apply for more than one design in the same application, each additional design enjoys a reduced fee, but only if it’s in the same Locarno class as the first design. Designs can be in different subclasses, but not different main classes.

If IP Australia later identifies extra designs you haven’t paid for (called further designs), you will be given the option to pay $200 per further design to keep them in the same application (creating a multiple design application); or exclude them from the original application and file them separately at full price.

Be aware: If you exclude and refile, you lose the discounted rate and must pay the full $200 per design.

What happens if you don’t pay?

The application fee is not a “minimum filing requirement”, meaning you can lodge an application without paying, and it will receive a filing date if all MFRs are met. However, your design cannot be registered until the fee is paid.

If you don’t pay at the time of filing, IP Australia will issue an Invitation to Pay (ITP) within one month. You then have two months to make the payment. If it’s not paid by the deadline, your application is treated as never filed.

Examination Fees

Registration is automatic once your application passes the initial checks, but to enforce your design rights, your design must be examined and certified. You can request examination at any time after registration.

Examination requested by the owner: $500

Examination must be paid in full before IP Australia will start the process. If you don’t pay within two months of receiving ITP, the examination request lapses. If you are the owner and fail to pay your share of a third-party examination request (explained below), your registration will cease.

Examination requested by third parties

Competitors or other interested parties can also request an examination of your registered design. In this case-

• The third party pays: $250
• The design owner also pays: $250

If either party fails to pay their fee within two months of being invited, the request lapses (for the third party) or the registration ceases (for the owner).

IP Australia can waive the owner’s fee if it believes the third-party request is being used in bad faith to force a lapse.

Concurrent examination requests

If more than one party requests examination, each must pay the full fee. There is no discount for multiple requests, even if they relate to the same evidence.

Renewal Fees & Timeframes

A registered design initially lasts 5 years from the filing date. You can renew it once, for a further 5 years, giving a maximum protection period of 10 years.

• Renewal fee: $400
• Late renewal fee: $100 per month during the grace period

Grace Period

There is a 6-month grace period after the initial 5-year term expires, during which you can still renew by paying-

• The $400 renewal fee plus
• $100 for each month (or part month) into the grace period

If you miss the grace period, you can request an extension of time, but extra fees apply, and there’s no guarantee the extension will be granted.

Example

If you renew 9 months later than due date-

• $400 renewal fee
• $100 × 6 months (grace period) = $600
• $100 × 3 months (extension period) = $300 Total: $1,300

Extensions of Time

You can request an extension of time for certain deadlines, but the cost depends on the reason-

• Error or omission by IP Australia- No fee
• Error or omission by applicant/agent- $100 per month or part month
• Circumstances beyond applicant’s control- $100 flat fee (covers the whole extension)

For multiple or common design applications, the extension fee covers all designs in the application.

Hearings

Some disputes, such as ownership issues or contested examination results, may proceed to a hearing before the Registrar.

• Request a hearing: $600
• Attend a hearing: $600 per day

If a hearing runs for more than one day, all parties must pay the daily attendance fee for each day.

Oppositions

The only formal oppositions under the Designs Act are-

• Oppositions to extensions of time over 3 months (s 137)
• Oppositions to proposed corrections that would materially alter a Register entry

In both cases, the opposition fee is $600.

Managing Deadlines

Design registration involves a series of critical deadlines that must be carefully managed to preserve your rights. One of the earliest is the requirement to pay your application fee within two months of receiving the Initial Transaction Particulars (ITP). Failure to do so renders your filing void, meaning the application will not proceed.

Similarly, the examination fee must be paid within two months of the request, or your registration may lapse. This step is essential for moving the design through the formal assessment process and securing protection.

Renewal is another key milestone. Registered designs must be renewed within five years of the initial registration date. While a grace period may be available, missing the renewal deadline can result in the permanent loss of rights. Additionally, if you receive extension requests or opposition notices, you must respond within the strict timelines set by IP Australia. These procedural deadlines are non-negotiable and missing them can severely impact your ability to maintain or enforce your design.

It’s important to note that IP Australia does not issue repeated reminders for these deadlines. Once a deadline passes, options for recovery are limited and often complex. Engaging with IP professionals can significantly reduce the risk of costly oversights, ensuring that your design rights remain secure and enforceable.

How we help you stay on track?

When we handle your design filings, we-

• Calculate the correct fees for single, multiple, or common designs.
• Ensure compliance with Locarno classification so you can group designs where possible and save costs.
• Track all deadlines for payments, renewals, and examinations.
• Act as your address for service to receive official notices immediately.
• Manage third-party examination requests to protect your registration.
• Advise on whether to renew, let lapse, or refile based on your commercial goals.

The official fees for filing, examining, and renewing a design are fixed and public, but the real risk lies in the strict timeframes. Delays, misclassification, or missing payments can turn a straightforward process into an expensive recovery exercise.

Our job is to make sure that doesn’t happen. We keep your design protection running smoothly from filing to renewal, so you can focus on creating, not chasing deadlines. Contact us now for a free consultation.