2.2. Application for registration: Registration process

The process for obtaining and maintaining a registered design generally involves the following stages:

1. The application is lodged electronically or in paper form. A higher fee applies to a paper application. Fees are listed in schedule 4.

2. The application must satisfy the minimum filing requirements before it can receive a filing date. See Minimum filing requirements.

3. Registration may be requested during the prescribed six-month period. If no request is made and the application is not withdrawn, a request for registration is deemed to have been requested at the end of that period. See Request for registration.

4. Once registration has been requested, or registration is deemed to have been requested, the application undergoes formalities assessment which includes the formalities check under reg 4.04 and reg 4.05 and the applicable formal requirements. See Formalities assessment.

5. If the application passes formalities assessment, the design is registered, a certificate of registration is issued, and an official notice is published.

6. If the application does not pass formalities assessment, the applicant is given an opportunity to resolve the identified issues. These are communicated in a written notice, see s 41. If the issues are not resolved within the prescribed period, the application lapses. See reg 3.14.

7. Registration initially lasts for five years from the filing date and may be renewed once for a further five years, see s 46 and s 47. If the registration is not renewed, registration ceases at the end of the initial term, see s 48. In all cases, registration ceases at the end of the second five-year term.