Contact
Discuss your registered design and enforcement plans with Brealant.
Search
We review the design's registration status and prior art landscape.
Quote
Receive a service quote for managing the examination request.
Pay
Proceed with secure payment for the selected services.
File
We file the request for examination with IP Australia.
Wait
The examiner searches for prior designs and assesses newness and distinctiveness.
Response
You receive the examination outcome — certification, or a report requiring a response.
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In Australia, an uncertified registered design can't be enforced against infringers. Requesting examination, and responding promptly to any report raised, is the clearest way to move from registration to an enforceable, certified design.
An uncertified registered design can't be enforced against infringers, so if you intend to rely on your design rights, requesting examination is an essential step — ideally before you need to take action, since certification takes time.
Examination is essential for enforcement, but it has limits
Not Automatic
Examination must be requested — it doesn't happen automatically on registration.
Possible Revocation
If the design doesn't meet the requirements, examination can result in revocation rather than certification.
Third-Party Requests
A competitor can also request examination of your design, potentially challenging its validity.
Takes Time
Examination isn't instant, so requesting it only when enforcement is urgently needed can cause delay.
Doesn't Expand Protection
Certification confirms validity; it doesn't broaden the scope of what was originally registered.
Brealant advises on the right time to request examination based on your enforcement plans.
A certified design protects
Your Ability to Enforce
The legal standing to bring infringement proceedings against a copycat.
Your Negotiating Position
A certified design carries more weight in cease and desist correspondence and negotiations.
Your Licensing Value
Certified designs are more attractive and valuable in licensing arrangements.
Your Confidence to Act
Certainty that the design has withstood substantive review before you rely on it.
Brealant manages the examination request so your design is ready when you need to enforce it.
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Examination typically follows these stages
Request
Examination is requested by the design owner, or by a third party challenging the design.
Search & Review
The examiner searches for prior designs and assesses newness and distinctiveness.
Report (If Issues Found)
IP Australia issues an examination report if grounds for revocation are identified.
Certification or Revocation
If the design meets the requirements, IP Australia issues a certificate; otherwise it may be revoked.
Once requested, examination typically takes a few months to complete, though this can vary depending on IP Australia's workload.
Examination involves both government and professional costs
IP Australia charges an official fee to request examination.
Brealant's professional fee covers managing the request and any necessary response, quoted based on complexity.
Brealant advises on the right time to request examination based on your enforcement plans.
Only if you intend to enforce it — many owners register a design and request examination later, when enforcement becomes necessary.
Yes, a third party, such as a competitor, can request examination, which can lead to revocation if the design doesn't meet the requirements.
You'll have an opportunity to respond or amend before IP Australia decides whether to certify or revoke the design.
There's no fixed deadline, but examination must be completed, and the design certified, before infringement proceedings can be brought.
Once requested, examination typically takes a few months to complete, depending on IP Australia's workload and whether a report is issued.
Examiners assess whether the design is new and distinctive compared to the prior art base, and whether the registration otherwise meets the formal requirements of the Designs Act.
IP Australia charges an official examination fee, and Brealant's professional fee covers preparing the request and managing any resulting report.
Yes, many owners request examination early to secure a certified, enforceable right before it's needed, rather than waiting for a dispute.
Registration is a formalities-only step that gets the design onto the register; certification follows substantive examination and is required before you can enforce the design against infringers.
Yes, we can take over prosecution of an existing Australian design registration at any stage, including requesting examination.
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