Fellow & Member of
The Institute of Patent and Trademark Attorneys of Australia
What are Product Designs?
Designs are used for any new or existing product to protect any new shape, configuration, pattern or ornamentation.
Design rights can be obtained for existing products.
Product Design examples for any new:
- Bicycle helmets
- Vehicle spoilers
- Mobile phones, or cases
- Office chairs
- Bicycle frames
- Bus seats
- Plant pots
Product Design Experts
Many businesses neglect intellectual property aspects of their intended overseas expansion, and notify our firm when it is far too late to acquire offshore design protection.
It is very easy to miss a deadline that you were not aware of or did not understand, or to miss protect the design by lodging the incorrect content.
Our Design Services
- Identify infringements.
- Preparing and submitting Australian Design Applications.
- Addressing refusals or oppositions to Design Applications.
- Handling your legal obligations.
- Overseas Design Applications.
- Enforcing Designs.
Did You Know?
Successful Design Rights can be sold or licensed for a fee, earning you income.
Force others to Design around you.
Product Design rights provide you with a monopoly and protect your market.
The Registered Design System provides 10 years protection, provided that the Design Application is legally correct.
One example we have seen happen so often is discussed below. Company A (D.I.Y.) and Company B (represented) are rivals applying for the same or similar Design to protect their new product.
Company A's Application is rejected because it is incorrect and a new application cannot be lodged because Company B now has secured the Design rights.
Company A is forced to stop selling the design and has compensation to pay Company B.
Company A's Application content had some real gaps in ownership, coverage and therefore will fail to protect them when they need to use it. They are not told this during the Design Application process because the Government doesn't review their Design.
Company A has little or no Design rights but think they do.
Company C copies Company A's Design and gets away with it because the Company A's Design has failures in cover and/or ownership.
Professional help is a must.