Preparing Design Views & Meeting Representation Requirements

When registering a design in Australia, the most critical part of your application isn’t the form you fill out or the fee you pay, but it’s the representations. These are the images, drawings, or models that show your design.

What are representations?

Under the Designs Act 2003, a representation means a drawing, tracing, photograph, or specimen of a product embodying the design. In simple terms, it’s a visual illustration that captures the overall appearance of your product.

The design itself is the look of the product, and not how it works. The representations are how you communicate that look to IP Australia, the public, and the courts. They are the official record of what you’re seeking to protect.

Depending on when you file, i.e. before 10 March 2022, your representations must meet the standards in Schedule 2 of the Designs Regulations 2004 and on or after 10 March 2022, they must comply with the Designs Formal Requirements Instrument 2022.

Regardless of which applies, the golden rule is the same: your representations must be clear, consistent, and complete.

Why are representations so important?

The representations included in a design application play a pivotal role in securing and defining the scope of protection. They serve as the visual foundation of the design right, i.e. what is shown in the representations is precisely what is protected. There is no room for implied features or interpretations beyond what is depicted.

These representations also enable the examiner to determine whether the design is new and distinctive when compared to existing designs. Accurate and clear visuals help establish the uniqueness of the design, which is a core requirement for registration.

For competitors and the general public, the representations act as a clear guide to what cannot be copied. They provide transparency and help prevent unintentional infringement by outlining the boundaries of the protected design.

In the event of disputes, i.e. whether over ownership or alleged infringement, the representations become critical evidence. They help clarify what was originally registered and can be used to support legal arguments and enforcement actions.

A poorly prepared set of representations can lead to serious consequences. It may result in delays, formal objections, or even outright refusal of registration. More importantly, it could leave the design inadequately protected, making it difficult to enforce rights or defend against infringement. Precision and clarity in representations are therefore essential to securing robust and enforceable design protection.

General representation requirements

When preparing design views, IP Australia requires that representations must-

• Clearly show the visual features of the design.
• Show the product as a whole, in at least one view of the fully assembled article.
• Be free from clutter, distortion, or extraneous matter that could confuse what is (or isn’t) part of the design.
• Provide enough views to give an accurate and complete picture of the design.

Applicants often use line drawings, photographs, or CAD images. The key is to choose one format and stick to it, mixing line drawings and photos in the same application usually results in inconsistency and a formalities notice.

Accuracy, Completeness, and Consistency

Design representations don’t need to be artistic masterpieces, but they must meet specific standards to be legally effective and clearly understood. Accuracy is essential, i.e. the images must faithfully depict the product’s visual features. Sketchy, vague, or poorly rendered linework can lead to confusion and may result in objections or rejection during examination.

Completeness is another critical requirement. At least one view must show the entire product, not just a portion of it. While close-up views can be included to highlight specific features, they cannot substitute for a full representation. The complete view anchors the design and defines the scope of protection.

Also, consistency across all views is equally important. Each representation must align with the others in terms of design elements. For example, if one view uses solid lines and another uses dashed lines, they may be interpreted as depicting different designs. This consistency must also extend to scale, shading, and colour. A colour photograph and a black-and-white line drawing, if not clearly linked, may be treated as separate designs.

That said, well-prepared representations are the foundation of a strong design application. They ensure clarity, reduce the risk of misinterpretation, and help secure robust protection for the visual features that matter most.

This shows an example of acceptable standards for representation as said above.

Stylistic Elements

Drafting styles often use different line types to make distinctions, i.e. solid lines generally indicate the features that are new and distinctive (and therefore protected), and broken or dashed lines are often used for context, i.e. such as generic features, hidden parts, or environmental elements.

This technique is acceptable, but it must be used deliberately and consistently. If one drawing shows a feature in solid lines and another shows the same feature in broken lines, IP Australia will assume you’re claiming two different designs.

Types of Acceptable Views

To give a complete picture, your representations may include a range of views, such as-

• Traditional views, i.e. front, back, side, top, bottom.
• Perspective or isometric views, i.e. 3D angles to show depth and overall impression.
• Exploded views, i.e. showing separate parts (like a bottle and its cap), provided there’s also a fully assembled view.
• Close-ups, i.e. highlighting detail, but clearly labelled as such and accompanied by a full product view.
• Section views, i.e. showing internal structure, with hatching to indicate cut surfaces.
• Configuration changes, i.e. e.g. a laptop open and closed, provided the product is shown fully in at least one view.

Applicants can also include environmental or reference views to show the design in context (for example, a chair in a living room). These don’t form part of the design itself, but they can help clarify how the product looks in use, so long as they are clearly labelled and don’t cause confusion.

Text, Labelling, and Extraneous Details

Generally, representations should avoid text. The only acceptable wordings are simple labels like “Front view” or “Top view”, or words that form part of the actual design (e.g. a logo on a product).

Extraneous details are also not allowed. For example, a guitar design shown alongside other instruments or a confectionary item photographed with measurement marks would be unacceptable. The focus must remain on the product itself.

 

In this example, the first representation is not acceptable because it includes extraneous measurement information that should not form part of the design. In contrast, the second representation is acceptable as it contains no unnecessary details and accurately reflects the visual features of the design.

Common Designs and Multiple Products

A common design occurs when the same design is applied to more than one product, for example, a mug, a T-shirt, and a bag all sharing the same graphic pattern. In this case each product must be shown clearly in separate representations. If the design is identical across products and the application is filed after 10 March 2022, a single representation may suffice. Also, the product names in the application must match the representations.

Multiple products must never be shown on the same page unless they share an identical design under the common design rules.

Substantial Compliance and Formalities Notices

Your representations don’t have to be flawless, but they must substantially comply with the rules. In practice, this means if a minor technical issue doesn’t create confusion, your application may still pass and if there’s any ambiguity about what is protected, IP Australia will issue a formalities notice requiring you to fix the issue.

Applicants can amend representations before registration under section 28 of the Act, provided the amendment doesn’t expand the scope of the design.

How Can We Help?

Preparing compliant and effective design representations is often trickier than it looks. A small drafting error can mean the difference between a strong enforceable right and a vulnerable registration.

At our firm, we help applicants-

• Select the right type of representations (drawings, CAD, or photographs).
• Prepare views that meet IP Australia’s formal requirements.
• Ensure consistency across multiple products or common designs.
• Respond to formalities notices and amend representations if needed.

With our support, you can file your design application with confidence, knowing your representations fully protect your product’s appearance. Contact us now for a free consultation.