Check This for Part Series For PATENT APPLICATION GUIDE FOR AUSTRALIA AND DRAWING
SPECIFICATION FOR THE PATENT APPLICATION
Drawing specification for the patent application
The overall appearance includes the shape, pattern, configuration, and ornamentation applied to a product to give a unique visual appearance. A design isn't to protect the way a product works. But if you're looking to preserve the way a product works is by distinguishing your business.
Moreover, a trademark distinguishes businesses from other traders in a visual way. A type of trademark is confused with a design in a shape trademark. It's a three-dimensional shape used to distinguish the goods or services from one trader to another.
YOUR DESIGN IP RIGHTS:
To be entitled as an owner of a design, you must be:
- That person that conceived the designer, the employer of the designer who made the Design while working for you.
- The person contracted the designer to make the Design.
- That person to whom the designer assigned the Design in writing.
- Where two or more people own interests in a design, they must apply jointly.
The owner may be an individual, a company, an association or a partnership. However, if applying as a company, association or partnership, do not apply using a trading name or a trust.
The process for applying for registration of your Design involves several steps. One needs to ensure that you understand and complete each step to process quickly. There is a number of things before starting an application.
WHAT A DESIGN RIGHT GIVES YOU
Design registration intends to protect designs that have an industrial or commercial use. A registered design offers you, the owner, exclusive rights to commercially use, license or sell it.
WHAT DESIGN IS
A design comes with an overall appearance of a product. The visual features come with a form of Design that covers the shape, pattern, configuration, and ornamentation. A product offers something manufactured with ease. The mechanics show how a product works or operates that isn't protected with the right Design. But it protects the patent that Few designs cannot be registered legally. It includes designs for medals, layouts with integrated circuits, Australian currency and scandalous Designs.
ELIGIBILITY - DECIDING WHO OWNS THE DESIGN
- To be entitled as a design owner that offers:
- A person who conceived the designer.
- The designer's employer, if the designer made the Design while working for you.
- The person who contracts the designer to make the Design.
- The person to whom the designer assigned the Design in writing.
- The two or more people share common interests in a design.
- The owner as an individual, a company, an association or a partnership applies as a company, association or partnership. They do not involve using a trading name or a trust.
IS MY DESIGN NEW AND DISTINCTIVE?
- The Design adds new and distinctive to be registered.
- The new Design can be identical to any design previously disclosed anywhere in the world. It includes anything published anywhere in the world used in Australia.
- Distinctive is not to be substantially similar to the overall impression where any design disclosed anywhere in the world. It includes anything published anywhere in the world or publicly used in Australia.
- It supports an application stating how the Design adds new and distinctive, but this isn't mandatory.
INTERNATIONAL DESIGN PROTECTION
If the application is filed in another country within six months of filing the Australian application, the date of your Australian application will apply to that country as well. The only case the country you use is a member of the International Convention.
One must prepare representations of the Design with complete forms and style needed by the foreign country.
DON'T PUBLICISE YOUR DESIGN
It's hard not to tell something about what you're proud of or excited about, but one needs to keep Design a secret if one is looking to protect it.
For your Design to register to determine 'new' or 'distinctive', one can't publish it anywhere in the world or publicly use it while applying to register it.
Before one submits a design application, they search for previously registered designs. It determines whether your proposed Design for new and distinctive is worth registering or not.
A search determines if a similar design is registered already.
AUSTRALIAN DESIGN SEARCH
Australian design search includes up-to-date information, including all applications and registrations from 1986. All registrations captured from 1973 to 1985 remain active in 1985.
One uses the search tool that helps determine who owns a design if you want to obtain a licence that uses the Design, buy the Design, or loan money to the owner of a valuable Design by taking a mortgage over it.
INTERNATIONAL DESIGNS DATABASES
The European Patent Organisation and the United States Patent and Trademark Office hold the two largest international design databases.
The World Intellectual Property Organisation (WIPO) links to the sites of international IP offices.
HAS THE DESIGN BEEN MORTGAGED?
The secured party designs all security interest mortgage records on the national Personal Property Securities Register. The register finds whether there is a mortgage over a design with no longer a legal securities register. It claims security interests that include mortgages available through Australian design search.
SEEKING A SEARCH PROFESSIONAL
An essential part of design search is interpreting the often-complex search results, and using these databases effectively is a specialised skill that can sometimes be time-consuming and costly.
If you need specific assistance, professional searches, or advice from intellectual property (IP) professionals and search firms, connect with us.
Drawings and images come with essential design registration. The drawings or photographs include good quality and accuracy that shows the overall visual features of your design as applied to the product.
THE REQUIREMENTS FOR REPRESENTATIONS
- There is no need for a specific view number. However, one must offer sufficient views with a full display Design.
- We offer traditional views and accept perspective or isometric views.
- The views show precisely the same Design. It mainly applies to colour. As colour usually adds a visual feature to the Design.
- The representations should be consistent enough to work properly if your application includes a statement for newness with distinctiveness.
KEY POINTS FOR DRAWINGS
- Drawings should be accurate, not sketches, and should work on A4 size paper.
- It should show the Design in question with no descriptive wording or dimensions. However, the labelling views come with 'perspective view' or 'rear views.
- It uses broken or dashed lines when highlighting product elements that bear the design's visual features. It covers the parts of the Design that refer to the newness and distinctiveness.
- It provides a pattern that applies to part of a surface, stitching and perforations features established in an environmental context.
- It covers shading and cross-hatching used as a visual feature of the Design.
KEY POINTS FOR PHOTOGRAPHS OR DIGITAL IMAGES
Photographs or digital images should be in a clear form.
It should show the product against a contrasting background and avoid matter that's irrelevant to the Design for A4 or mounted on A4 white paper.
It adds multiple design applications for each Design that indicates each Design showing a separate sheet.
Sometimes a design applies to a part of a complex product that is readily assemble and disassembled from that product. Suppose the position qualifies as a product, then broader protection gains by defining it as a stand-alone part. As Australian Design and drafting, we help clients from Australia with patent design and drafting services. Our strict NDA agreement allows for protecting innovator rights. Contact us for more information.