Do not disclose your IP without
taking appropriate steps. While you do not have to
register your design to use it, if you disclose it
before you have filed an application, it will not be
considered new and distinctive and you will not be able
to register the design at a later stage.
We can advise you on whether your
design is eligible for registration.
Before you apply, we recommend
that you conduct a search of existing registered
designs. If your design is not new and distinctive, you
may not be able to get registration, or your
registration may be of no value.
- 'New' means a design has
not been publicly used in Australia or published
in a document anywhere in the world before the
priority date.
- 'Distinctive' means your
design is not substantially similar in overall
impression to any other relevant design in the
prior art base.
You may also face legal action if
you infringe the design rights of the owners of other
similar designs. Patent attorneys like Pegasus IP
can assist you with searching and applying to register
or publish your design.
We can help you with making your
design application with IP Australia. The process is
relatively quick, as the examination process is optional and is only required as a step if the design registration needs to be enforced against a potential infringer.