Design requirements – AU and NZ
Australia
Convention application
An Australian design application can be filed with a Convention claim within the relevant six month convention priority period.
In order to proceed, we require:
- a set of drawings
- an application title
- full contact details and nationality of the Applicant
- full details of the priority application, including country, application number, filing date, Applicant details and title.
After filing, we require:
- a certified copy of the priority application and verified translation thereof (if not in English)
- full names of each of the designers.
Substantive examination
A filed Australian design application is automatically examined only for formalities, generally within two months of the filing date. If a formalities issue is raised, then a period of two months is provided to overcome all formalities issues.
Substantive examination may be requested at any time. If requested, substantive examination occurs after registration. If a substantive examination report issues, then a period of six months is provided to overcome all substantive issues, otherwise the registration is revoked. Once substantive examination is successfully negotiated, a Certificate of Examination issues. The design registration owner may pursue an alleged infringement once a Certificate of Examination issues, but not before.
Powers of Attorney
No forms (Powers of Attorney, declaration, assignment or similar) signed by the Applicant are required by the Australian Designs Office.
Drawings
Drawings may be in black and white, grey scale or colour. Dashed line format is permissible.
Statement of Novelty
Australian design applications may optionally include a Statement of Newness and Distinctiveness.
Grace period
The Australian Designs Act allows a grace period of twelve months for publications made by the registered owner of the design or their predecessor in title. Such publications made within the grace period will not prevent a design from being considered new and distinctive upon substantive examination.
New Zealand
Convention Application
A New Zealand design application can be filed with a Convention claim within the relevant six month convention priority period.
In order to proceed, we require:
- a set of drawings
- full contact details and nationality of the Applicant
- full name of each of the designers
- full details of the priority application, including country, application number, filing date, Applicant details and title.
After filing, we require:
- a certified copy of the priority application and verified translation thereof (if not in English).
Authorisation of Agent
An Authorisation of Agent form must be filed at the New Zealand Designs Office, although may be filed after filing of the application.
Drawings
Drawings may be in black and white, grey scale or colour. Dashed line format is permissible.
Statement of Novelty
New Zealand design applications require a Statement of Novelty. A Statement of Novelty isn’t required for textiles, wallpaper and lace.
Examination
A filed New Zealand design application is automatically examined, generally within three months of the filing date.
No grace period, but local novelty
Please note that the New Zealand Designs Act does not provide a grace period. However, prior disclosures of the design made outside New Zealand are not considered when determining whether a design is new or original.
Who to contact
