IP Protection

Designs

INTELLECTUAL PROPERTY LAW

Patent and Trade Mark Attorneys Australia and New Zealand

A Registered Design protects the visual features of your product. Where the visual appearance of your product provides you with a competitive advantage, seeking and obtaining registered design rights is the best approach to protect that advantage.

The attorneys at MTA can advise you how to obtain registered Design rights to protect the shape and appearance of your product in Australia, New Zealand and overseas.

A Registered Design is used to protect the visual appearance of a product.

A design is registered for only one specific appearance of an article, although it can extend to articles of indefinite length if their cross-section is uniform such as in an extrusion.

The visual features of a design can include shape, configuration, pattern and ornamentation. For example, the shape and configuration may relate to a smart phone. The pattern and ornamentation may relate to a quilt cover or a set of plates.

A Registered Design may be used to prevent a third party from copying a design for a limited period of time. However the design must be new and distinctive. It also must not have been published or publicly used prior to an application being filed.

A Registered Design is a valuable commercial asset and once it has been examined and certified to be new and distinctive can be used to prevent unauthorised copying of your design. As an asset it can also be sold or licensed to third parties and be included in your balance sheet as an intangible asset of your business.

A Registered Design can complement any patent protection you may have in relation to a product since the protection offered by a Registered Design relates to the appearance of the product and does not extend to any practical or functional aspect of the product.

MTA are able to assist you through the process of applying and registering a design in Australia, New Zealand and overseas.

Overview