Information Required to File a Design

Filing a design isn’t just about protecting the way your product looks, it’s about getting the details right from the very start. The minimum filing requirements are the essential pieces of information that your application must contain and that you must provide to us before IP Australia will assign a filing date.

Information We Need to File Your Design Application

If you’d like us to handle your design application with IP Australia, we’ll need the following details from you-

• Applicant Information-
  • Full name (individual or company)
  • Address (street or PO Box; include country, state, and postcode)
  • ABN/ACN/ARBN (applicable for Australian Company / Individual)
  • A correspondence address if different from the main address
• Address for Service– An Australian or New Zealand address (can be a PO Box) for official correspondence. It can be address of Australian or New Zealand IP attorney firm that represent your design application.
• Design Information-
  • Number of designs in the application (single or multiple)
  • Product(s) to which the design relates
  • Your own design reference (if you use one internally)
  • Optional: Statement of Newness and Distinctiveness, identifying the features of your design you wish to highlight as new and distinctive. We can assist you with the preparation of the same.
• Designer Details- Name(s) of the designer(s) who created the design
• Priority Claims (if applicable)– Country, filing date, and basic application number if you are claiming Convention Priority from an earlier foreign application
• Excluded Designs (if applicable)– Details if you are “excluding” any designs from the application
• Registration/Publication Request– Confirmation whether you are requesting immediate registration or prefer publication first (registration will otherwise be deemed requested six months after the priority date).

Representations – The main part of Your Application

The representation is the means by which you present your design to both the public and the examiner. Under the Designs Act 2003, a representation refers to a drawing, tracing, photograph, or specimen of the product that embodies the design.

These representations must clearly and consistently depict the overall appearance of the product. They should accurately reflect the shape, configuration, pattern, or ornamentation that you intend to protect. That said, for applications filed from 10 March 2022 onwards, the representations must comply with the format requirements outlined in the Designs Formal Requirements Instrument.

 Such representations are not merely visual aids, i.e. they define the legal scope of your design protection. Any feature not shown in the representations is not covered by the registration. For this reason, professionally prepared drawings are essential to ensure that your design is fully and correctly represented.

Why are proper representations important?

Representations are the primary evidence of what your design looks like. They visually define the scope of protection and serve as the foundation for assessing the design’s uniqueness.

Examiners rely on these representations to determine whether your design is new and distinctive compared to existing designs. Their clarity and accuracy are essential for passing the examination process.

Representations also form the basis for comparing your design to any alleged infringing product. In enforcement scenarios, they help establish whether another product unlawfully replicates the protected features of your design.

Even minor inconsistencies between drawings can weaken your registration or complicate enforcement. That’s why we ensure your representations are technically correct, consistent across all views, and strategically drawn to emphasize your most distinctive features.

Identifying the Applicant

Your application must state the name of the applicant as stated, i.e. the person or entity entitled to own the design. In law, an applicant must be a “legal person”, which can include-

• An individual (including joint applicants).
• An Australian or overseas company.
• An incorporated association.
• A government entity.

It cannot be-

• A business name.
• A “trading as” name.
• A trust or trustee (though an incorporated trustee company is allowed).
• A partnership.

If the applicant is not the designer, you must also provide a statement of entitlement explaining how the rights passed to them.

Who is entitled to own a design?

Getting this wrong can lead to ownership disputes or even loss of rights, i.e. especially in joint ventures, commissioned work, or overseas collaborations. Under section 13 of the Designs Act, you can be the registered owner if-

• You are the designer.
• The design was created under a contract with you.
• The designer made it in the course of employment with you (unless agreed otherwise).
• The design was assigned to you in writing.
• You are the legal personal representative of a deceased owner.

What happens after filing?

If all minimum filing requirements are met, your design application will be assigned a filing date, marking its official entry into the registration process. You will receive a filing notice, which may also indicate the status of your registration request if it hasn’t already been submitted. Each design included in the application will be given a unique design number, and certain details from the application will be published on the Australian Design Search database for public access.

However, if the minimum filing requirements are not satisfied, IP Australia will contact you to resolve the issue within a specified timeframe. If you fail to respond or correct the deficiencies, the application will be deemed not filed and will not proceed further.

Why should professional assistance be taken?

Meeting the Minimum filing requirements sounds straightforward, but in practice-

• Drawings must meet specific technical and legal standards.
• Ownership must be proven and documented correctly.
• Strategic choices (such as whether to file multiple designs or partial designs) must be made early.
• Timing is critical, public disclosure before filing can destroy your rights.

As your IP representative, we handle every step-

• Preparing compliant, high-quality representations.
• Confirming correct applicant details and entitlement.
• Acting as your address for service in Australia.
• Managing communications with IP Australia to avoid delays.
• Advising on priority claims for overseas filings.

Get it right from the start

The minimum filing requirements are exactly the bare essentials. Meeting them gets your application in the system, but how you meet them can determine the strength of your protection for years to come.

A registered design can last up to 10 years in Australia, but only if your initial filing is accurate, strategic, and compliant. Our role is to make sure your design is filed correctly the first time, so you can focus on what you do best, i.e. creating products that stand out. So, contact us now for a free consultation.