Design application attorney
Dedicated design rights attorneys, offering personalised and commercially oriented services related to design rights applications, finalisation and defence.
A registered design protects the look of a product: its shape, configuration, pattern or ornamentation. In Australia a design is registered after a formalities check. It is generally only examined on request, and it must be examined and certified before you can enforce it.
Protection lasts five years from filing and can be renewed once, to a maximum of 10 years. How strong that protection turns out to be depends on how the application is prepared, including the views you file and the timing of any public disclosure.
What is a design rights attorney?
A design rights attorney is a legal professional who has been specifically trained in intellectual property (IP) law and in particular Designs Law. They are also usually registered patent attorneys.
Attorneys in this field typically offer expertise in design right applications and standard patents. Many are also trade mark attorneys and can advise on copyright and all other areas of IP legislation.
In terms of design rights, they are best positioned to advise you on what is required and whether you meet the necessary criteria to apply. They can also professionally handle the application process on your behalf.
Should you already hold design rights and need support in enforcing these, they are also uniquely equipped to facilitate this.
Why apply for design rights?
An application for design rights is the first step towards securing legal protection for your brand’s unique design. Designs may include things such as the shape of a product’s packaging, any unique decorative patterns or graphic symbols used by your business or any combination of these.
Holding design rights gives you exclusive control over the unique visual appearance of your product or brand. Applying to register your design rights also confirms your ownership over them and allows you to legally defend against their misuse that occurs without your permission.
As a powerful IP asset, making an application for design rights also adds value to your business and strengthens your position within your industry.
The design rights application process in Australia
The governing body for intellectual property, IP Australia receives, assesses and grants design rights in accordance with relevant legislation. There are several steps involved in successfully applying for design rights, many of which occur before the application is even submitted.
This includes determining whether design rights are the right type of IP protection for your needs and optionally the performance of an in-depth search on existing design rights.
Once you have confirmed the uniqueness of your design and that it meets the necessary criteria, you can submit your application online. Your application will be assessed and assuming there are no issues raised, your design will be registered. This process takes a minimum of two months from your filing date.
Should objections or formalities issues be raised, you are given the opportunity to resolve these. You must do so within the required timeframe or your application will lapse.
Once registration is confirmed, the details and images you provided in your application will be published on Australian Design Search.
This step publicises your rights to the design and makes it available for searching by other design rights applicants.
Do I have to engage a design rights application attorney?
Design rights applications are complex. It can be easy to miss things or to complete the application incorrectly.
Failure to undertake proper checks and prepare your application can lead to delays in securing your registration. This makes it easier for others to infringe on your rights and steal your designs. You could also lose the protection by incorrectly filing and publishing your design leaving you with no enforceable rights.
Engaging an attorney who specialises in design rights ensures all necessary checks are performed in advance of your application and that your application is prepared properly.
No errors mean quicker processing and the more rapid granting of design rights protection for your product. Should any concerns be raised during the assessment of your application, your design rights attorney is also best placed to rapidly resolve these.
Book your free consultation
Submit a form enquiry below and our friendly attorneys will be in touch as soon as possible.
Our process
We guide you through every stage of the design registration process, from initial assessment to granted protection.
01
Submit an enquiry & book a free consultation
Begin by submitting an enquiry and scheduling a free, no-obligation consultation. This can be conducted in-person, online, or over the phone, whichever suits you best.
02
Receive tailored IP protection recommendations & quote
Following your consultation, IP Guardian will assess your situation and prepare clear, customised recommendations outlining the most suitable IP protection pathways for your idea, brand, or invention. You will receive a detailed quote and guidance on next steps.
03
Engage IP Guardian & secure your IP
Once you are ready to proceed, simply engage IP Guardian by completing our client onboarding. Our team will then prepare and file all necessary applications on your behalf. From this point forward, your intellectual property is on the pathway to full legal protection.
Meet our skilled patent attorneys
As highly qualified IP attorneys, the team at IP Guardian have years of experience successfully applying for design rights on behalf of clients.
We review your design in detail and can perform a variety of searches to check for any potential difficulties, problems or conflicts before application.
This allows us to accurately review the validity of your application before submission and modify it as needed. Every step of your design rights registration is expertly handled from start to finish for a stress-free, easy experience.
Not only experts in applying for and securing design rights we can also assist to enforce them in the event of infringement. Offering affordable and accessible legal advice regarding design rights applications, we deliver quality services and outcomes with zero compromise.
Secure your design rights and protect your valuable intellectual property with the support of IP Guardians’ highly qualified IP attorneys.
Barry Meskin
Ali Al-anbuky
Matthew Howe
Mike Biagio
Simon Murphy
Sandra Murphy
Tom Hamilton-Gilligan
Dr Seán Klinkradt
Robin Richardson
Client testimonials
We’re proud to work alongside clients who trust us not just with their IP, but with their vision. Here are a few examples of how our IP attorneys have helped brands, inventors, and entrepreneurs secure and enforce their intellectual property rights.
Google Review
Google Review
Google Review
Google Review
Google Review
Google Review