Designs Searches, Filing & Prosecution

A registered design protects a product’s appearance. It is a monopoly that protects the overall unique appearance of a product—its shape, configuration, pattern, and/or ornamentation.

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Benefits of Design IP

In a competitive marketplace where design is often everything, having a government-granted monopoly on that design can be a vital commercial advantage for a business.

A registered design protects a product’s appearance. It is a monopoly that protects the overall unique appearance of a product—its shape, configuration, pattern, and/or ornamentation. Granted by IP Australia, it provides the owner with the exclusive right to that design in its product category in the marketplace for a 10-year term.

Obtaining a registered design adds value to your product and your business in the following ways:

  • Benefit from the financial rewards resulting from the commercialisation of the registered patent, which you have a monopoly
  • You can threaten and, if required, bring design infringement proceedings against an infringer, stopping their conduct and recovering damages or their profit.
  • A registered design improves your bargaining position when negotiating with potential commercial partners, investors or licensees.
  • A registered design is a valuable notice of your claimed rights to the invention, deterring would-be infringers – prevention is better than cure.
  • A registered design protects your investment of time and resources in product research and development. Without this type of government-granted monopoly, it is near impossible to prevent competitors from copying your product’s design.

How we can help you

Led by Jennifer Driver, our design registration team has the technical experience, commercial nous, and track record to assist your business:

  • Australian and international design protection strategy & advice
  • Design searches & advice
  • Preparing and drafting design applications
  • Design application filing in Australia & internationally
  • Prosecuting design applications
  • Design watch services
  • Australian and international design portfolio management, including renewals
  • Design infringement advice
  • Design audits & due diligence
  • IP Australia design opposition proceedings
  • Assisting Actuate IP’s legal team in preparing commercial agreements, including licensing, related to commercialisation of registered designs
  • Assisting Actuate IP’s legal team in enforcing and defending registered design infringement proceedings

Our Designs Searches, Filing & Prosecution Team

Jennifer Driver
Principal | Trade Mark Attorney @ Actuate IP
Nicholas Milne
Principal | Patent Attorney @ Actuate Patents
Paola Rios
Legal Projects Administrator & Trade Mark Attorney @ Actuate IP