2.1. Application for registration: overview

Key legislation in this topic: Designs Act: ss 21–24, 145; Designs Regulations: regs 3.01, 4.04, 4.05, 11.18, 11.19, sch 4

​​​​​​​Key related topics: Amending an application, Formalities assessment, Examination and certification, Application fees, Why protect a design?

Applying for registration

If a design owner wishes to have their design registered, they must submit an application form containing enough information to allow their design to be entered on the Register.

They must also pay the relevant fee, set out in the Designs Regulations sch 4.

See Registration process for a summary and flowchart of the registration process.

Elements of the application or service request

The application form (or new application service request if submitted through Online Services) includes the following details:

• design number (IP right number)
• date of submission
• number of designs (single/multiple)
• applicant name
• address
• address for correspondence (if required)
• address for service
• statement of entitlement (where applicant name is different from owner name*)
• name of representative or agent
• designer name
• product name/description
• statement of newness and distinctiveness (if provided)
• representations
• convention claim (if applicable).
  ​​​​​

When a design application is through Online Services as an electronic service request, the ‘Owner details’ section reminds the user to ensure that each applicant is entitled to be a registered owner. The downloadable application form includes a statement that the applicant is entitled to be entered on the Register as the registered owner. There is also a prompt for this.

Checking incoming details

Electronic service requests cannot progress to submission unless the application meets the minimum filing requirements (MFRs) (regs 3.01-3.08) – that is, all the basic information required for registration.

When we receive a paper application, the Customer Experience Group will check to make sure the application provides all necessary information and meets MFRs.

Filing date

Once the applicant has supplied adequate information, the date of receipt of the application (filing date) will usually be the priority date of the application (unless convention priority is claimed).​​​​​​​

Amending an application

An application can be amended in various ways after it is submitted.