Design Renewal & Maintenance Requirements

Design registration gives you the exclusive right to use, license, or enforce your design against unauthorized use. But this right is not indefinite. It comes with clear timelines and renewal requirements under the Designs Act 2003.

How Long Does a Registered Design Last?

When you file a design application with IP Australia, the registration is valid for an initial 5-year term starting from the filing date of the application in which the design was first disclosed.

At the end of those 5 years, you may choose to renew the registration once, extending protection for another 5 years. This means that the maximum protection period for a registered design in Australia is 10 years.

To put it simply-

• Initial term, i.e. 5 years from filing date.
• Renewal term, i.e. an additional 5 years (if renewed).
• Total possible protection, i.e. 10 years maximum.

If you do not renew within the allowed timeframe, your rights will lapse, and your design will fall into the public domain.

When and How to Renew a Design?

The registered owner of a design must submit a renewal request within the timeframe specified by the Designs Regulations to maintain their rights. This renewal can be applied for at any point during the initial five-year period following registration. It’s important to act within this window to avoid the risk of the design lapsing.

The renewal process is managed by IP Australia, and the request will only be considered valid once the required renewal fee has been paid. Without payment, the application for renewal is incomplete and will not be processed. Timely renewal ensures that the design remains protected and enforceable for the extended term.

Fees for Design Renewal

The official fees are straightforward-

• Standard renewal fee– $400
• Late fee– $100 for each late month (or part thereof)

Six-Month Grace Period

If you miss your renewal deadline, all is not lost. The law provides a six-month grace period under regulation 4.09.

During this grace period, you can still renew your design, but you must pay-

• The standard renewal fee of $400, plus
• A late fee of $100 for every month (or part month) after the original renewal date.

For example, if your renewal is due on 1 January, but you renew it on 15 March, you will pay-

• $400 renewal fee, plus
• $300 in late fees (for January, February, and March).

Total = $700.

What Happens if You Miss the Grace Period?

If you fail to renew within the six-month grace period, your rights will lapse. However, there is one last option: you can apply for an extension of time for renewal.

This is only granted in limited circumstances, and the cost increases further. Using IP Australia’s example, if renewal is 9 months late, the total payable is $1,300.

• $100 x 6 months (grace period) = $600
• $100 x 3 months (extension of time) = $300
• Renewal fee = $400
• Total = $1,300

The longer you wait, the higher the penalty fees climb. This makes timely renewal the most cost-effective approach.

Reminders and Notices from IP Australia

To help prevent accidental lapses, IP Australia sends a reminder notice two months before your renewal date. This is a helpful prompt, but it is not a substitute for keeping your own records.

It is the owner’s responsibility to ensure the renewal is lodged and fees are paid on time. If you miss the deadline despite reminders, your design rights could still lapse.

Timely Renewal

Design renewal is far more than a routine administrative step; it serves as a critical safeguard for your commercial advantage. Allowing a registered design to lapse can have serious consequences. Once the renewal deadline passes without action, you lose the exclusive rights to use, license, or sell the design. This opens the door for competitors to freely replicate and use your design without needing permission or facing legal repercussions.

Moreover, without an active registration, you cannot enforce your design rights in court. Any attempt to claim infringement would be dismissed, as the legal protection no longer exists. The design itself enters the public domain permanently, meaning it becomes available for anyone to use without restriction.

For businesses that rely heavily on product appearance to differentiate themselves in the market, failing to renew a design can result in substantial financial losses and damage to brand reputation. Maintaining active protection ensures continued control over your intellectual property and preserves the competitive edge your design provides.

How We Help with Renewals?

At our firm, we manage the entire renewal process for clients, ensuring there is no risk of lapsing protection. Our services include monitoring renewal deadlines and sending early reminders, preparing and filing renewal applications on time, ensuring all fees are correctly calculated and paid, advising on grace periods and extensions if deadlines have been missed and also providing strategic advice on whether renewing is commercially worthwhile.

By handling renewals on your behalf, we ensure your rights remain secure for the full 10-year period available under Australian law.

If you hold a registered design, make sure renewal is tracked and managed carefully. Our team can take stress out of the process by handling deadlines, payments, and filings for you, i.e. leaving you free to focus on your business while we protect your intellectual property. Contact us now for a free consultation.