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Registering an industrial design in Australia protects the visual appearance of your product — its shape, configuration, pattern, and ornamentation. Our team at Brealant manages the application from representations through to registration.
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Legal Definition of a Registered Design
A design registration under the Designs Act 2003 protects the overall visual appearance of a product, based on representations filed with the application.
Purpose and Function of Design Registration
Registration is granted after a formalities check, giving an initial 5-year term, renewable once for a further 5 years — a maximum 10-year total term.
Protecting Your Product's Appearance
A registered design gives you documented, dated proof of ownership over your product's appearance, distinct from trademark or copyright protection.
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Contact
Discuss your product and design features with Brealant.
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Search
We run a design search to confirm novelty and distinctiveness.
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Quote
Receive a service quote based on the number of designs and product complexity.
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Pay
Proceed with secure payment for the selected services.
File
We prepare compliant representations and lodge the application with IP Australia.
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Wait
IP Australia checks the application meets formal requirements.
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Response
You receive confirmation once the design registers, typically within a few weeks to a couple of months.
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In Australia, a registrable design must be new and distinctive, protected through representations — drawings or photographs — filed with the application. Because registration follows a formalities check rather than substantive examination, getting the representations right the first time is the clearest way to a smooth registration.
A registered design gives you documented, dated proof of ownership over your product's appearance and the ability to stop competitors from copying it — protection that isn't reliably available through trademark or copyright alone. Brealant manages the application so this protection is secured correctly.
Certain elements cannot be protected through design registration, including
Function Alone
Features dictated solely by the product's function, rather than its appearance, generally aren't protectable as a design.
Non-Novel Designs
Designs identical or substantially similar to something already publicly disclosed before filing.
Your Own Prior Disclosure
Designs you've already sold or shown publicly before filing, subject to limited exceptions.
Methods or Ideas
Underlying methods, ideas, or concepts, as opposed to their specific visual expression.
Internal, Non-Visible Features
Features not visible during normal use of the product are generally excluded.
IP Australia's formalities check focuses on the representations filed; genuine novelty is only substantively tested if examination is later requested.
A registered design in Australia protects various visual elements of a product. The protection extends to
Shape
The three-dimensional form and configuration of the product.
Configuration
How the parts of the product are arranged relative to one another.
Pattern
Surface patterns applied to the product.
Ornamentation
Decorative features and finishes applied to the product's appearance.
By partnering with design experts in Australia, you can ensure your product's appearance is properly documented and protected from copying.
The registration process typically involves
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Filing
The application, with representations, is lodged with IP Australia.
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Formalities Check
IP Australia checks the application meets formal requirements.
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Registration
The design registers, giving an initial 5-year term.
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Certification (Optional)
On request, IP Australia examines the design for enforceability.
Because registration is based on a formalities check rather than substantive examination, it's typically completed within a few weeks to a couple of months of filing.
The cost of design registration depends on the number of designs filed
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IP Australia charges an official filing fee per design, with additional fees if examination/certification is later requested.
Brealant's professional fee covers preparing representations and filing, quoted upfront based on the number of designs.
IP Australia's formalities check focuses on the representations filed; genuine novelty is only substantively tested if examination is later requested.
Once registered, a design can be examined on request to make it enforceable, renewed at the 5-year mark, and actively monitored for copying. Brealant supports clients through each of these stages to maintain strong protection.
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An initial 5-year term, renewable once for a further 5 years, for a maximum total term of 10 years.
No — registration follows a formalities check only. Substantive examination (certification) happens only if requested, which is required before you can enforce the design.
Generally no — prior public disclosure of your own design can destroy novelty, subject to limited grace period exceptions, so timing matters.
The overall visual appearance of a product resulting from its shape, configuration, pattern, or ornamentation.
Typically a few weeks to a couple of months, since registration follows a formalities check rather than substantive examination.
The designer, their employer if created in the course of employment, or anyone who has acquired ownership rights, such as through assignment, can apply.
Yes, Australia allows multiple designs to be included in one application, provided they relate to products in the same Locarno classification class.
Clear representations (drawings or photographs) showing the design from all relevant views, product details, and applicant/designer information.
No, registration and certification are separate steps — a design can be registered without ever being certified, though certification is required before enforcement.
Official IP Australia filing fees apply per design, and Brealant provides a fixed professional fee quote based on the number of designs and representations involved.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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Get expert guidance on your trademark, patent, copyright or design filing. Book a free 15-minute call with an IP specialist — no obligation.
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