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

To obtain registration of a design, an application must identify the person or persons claiming entitlement to be entered on the Register as the registered owner and satisfy the applicable registration requirements.

The prescribed application fee must also be paid in accordance with the regulations and schedule 4.

See Registration process for a summary of the registration process.

Information included in an application

An application for registration generally includes:

• the applicant's name and contact details

• an address for service

• an address of any representative or agent, if applicable

• a statement or indication that registration of a design is sought

• representations of the design (e.g. drawings, photographs)

• an indication of the product or products in relation to which the design is to be registered

• information relevant to entitlement where required

• designer details

• a statement of newness and distinctiveness (optional)

• any priority claim details (where convention priority is claimed).

Not all information listed above is required to satisfy the minimum filing requirements. See Minimum filing requirements for the requirements that must be met before an application can receive a filing date. See Who is entitled to be the registered owner for guidance on entitlement.

Amending an application

A design application may be amended after it is lodged in accordance with s 28. See Amending an application for further information.