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Before filing, a design search checks whether the visual appearance of your product is genuinely new and distinctive against Australia's Designs Register and other published designs. Our team at Brealant gives you a clear picture before you invest in filing.
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Legal Definition of a Design Search
A design search reviews the IP Australia Designs Register and other publicly available design disclosures to identify designs identical or substantially similar in overall impression to yours.
Purpose and Function of a Design Search
Under the Designs Act 2003, a registrable design must be both new and distinctive. A search assesses this before you file, since registration itself involves only a formalities check.
Protecting Your Filing Strategy
Because an unsearched design can register even if it isn't truly new, a search protects the value of the registration you'll eventually rely on if challenged.
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Contact
Reach out to Brealant, your trusted design attorney in Australia, to discuss your product.
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Search
We search the Australian Designs Register and relevant published sources.
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Quote
Receive a service quote scoped to the number of design views and product category.
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Pay
Proceed with secure payment for the selected search service.
File
We compare overall visual impression against what's found, as an informed user would.
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Wait
We finalise the clearance report and filing recommendation.
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Response
You receive your search report with a clear filing recommendation.
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In Australia, a registrable design must not be identical to, or substantially similar in overall impression to, a design already publicly disclosed anywhere in the world before the filing date. A search against the Designs Register and other public sources is the clearest way to check this before you file.
Because Australian design registration doesn't involve substantive examination at filing, an unsearched application can register even if it isn't truly new — leaving it vulnerable to being revoked later if challenged. Brealant's search protects the value of the registration you eventually rely on.
A search significantly reduces risk, but it has real limits worth understanding
No Absolute Guarantee
No search, however thorough, can guarantee a design won't later be challenged and found invalid.
Own Prior Disclosure
Publishing or selling your own design before filing can itself destroy novelty, subject to limited exceptions.
Unpublished Applications
Very recently filed designs may not yet be visible on the public register at the time of search.
No Substantive Examination at Filing
Registration follows a formalities check only — a search doesn't replace requested examination for enforceability.
Foreign Rights
An Australian search does not clear your design for registration in other countries.
Brealant explains these limits clearly in every search report, so you know exactly what comfort the search gives you.
A thorough Australian design search reviews multiple sources to protect your filing decision. Our search covers
The Designs Register
Registered and recently filed designs on the IP Australia Designs Register.
Published Disclosures
Other publicly available design disclosures, including prior product releases.
Overall Visual Impression
Comparison of shape, configuration, pattern, and ornamentation against what's found.
Multiple Product Views
All representations you intend to file, assessed together as the overall design.
Partnering with Brealant means every relevant source is checked before you commit to filing.
A design search typically involves
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Briefing
You provide images or drawings of the product's design features.
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Searching
We search the Australian Designs Register and relevant published sources.
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Comparison
We assess overall visual impression against what's found, as an informed user would.
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Reporting
You receive a clearance report with a filing recommendation.
A standard Australian design search and clearance report is typically completed within 3 to 7 business days, depending on the product category.
Search costs are modest compared to the cost of registering a design later found invalid
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Charged as a fixed professional fee, scoped to the number of design views and the product category.
A written comparison and filing recommendation, included in the search fee.
Brealant explains these limits clearly in every search report, so you know exactly what comfort the search gives you.
If the search is clear, Brealant can move straight into preparing your design application. If it reveals risk, we'll advise on how to adjust the design or filing strategy to keep your project moving forward.
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No, but it substantially reduces the risk of registering a design that's later found invalid if challenged.
The design must not be identical to, or substantially similar in overall impression to, a design already publicly disclosed anywhere in the world before the filing (or priority) date.
Yes, Brealant reviews all representations you intend to file to check the overall design.
Yes — publishing or selling your own design before filing can itself destroy novelty in most cases, so timing matters and we'll flag this.
A standard search and clearance report is typically completed within 3 to 7 business days, depending on the product category.
Brealant's team conducts the search directly, drawing on the IP Australia design register and broader prior art sources such as published products and catalogues.
Brealant offers a fixed fee for a design clearance search and report, quoted before you commit.
Yes, we can search a family of related product designs together, which is common for product ranges sharing common design features.
Yes, since novelty is assessed against worldwide prior disclosure, we search beyond the Australian register where relevant.
We'll assess whether your design creates a sufficiently different overall impression, or advise on modifying the design before filing.
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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