Design Patent
WHAT IS PROTECTEDThe appearance of products if new and distinctive. That is, the features of shape or configuration which have been incorporated in the product (even if those features perform a functional purpose) or the features of pattern or ornamentation applied to a product.
OBTAINING PROTECTION
By application to the Designs Office.
WHO GAINS PROTECTION
The designer or the employer, or an assignee of either.
LENGTH OF PROTECTION
An initial period of 5 years, which may then be renewed for a further 5 years to extend the life up to a maximum of 10 years.
PROTECTION CONFERRED
The right to prevent others in Australia applying the design (or a design which is substantially similar in overall impression to the registered design) to products in respect of which the design is registered, and to prevent certain commercial dealings in Australia in such products bearing the design or a sufficiently similar design.
