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Things you should know about amending your design

After your design is filed, only very limited changes are allowed under the Designs Act 2003.

You may request an amendment to your application for any number of reasons. For example:

  • change of ownership in the design
  • change in address (residential or address for service)
  • to address issues so that the application can be registered
  • an error in the representations
  • an error in wording in parts of the application.

Scope of the application

An amendment will not be allowed if it alters the scope of the application due to newly included matter that was not in the original application.

For example, by amending the product name to something that was not included, in the original application, the scope of the application might be altered.

Another example of changing the scope of an application would be introducing new representations that included features that were not in the original application.

ALSO READ: What does a design right give you?

Amending the name of the applicant

If an amendment changes the name of the applicant substantially and the rights of the design have not been assigned, a declaration or other evidence should be sent supporting the reasons why the error was made or why the name should be changed.

Amending the address for service

To amend an address for service you should submit your request in writing to us stating what the new address for service is. We don't need evidence for this.

Assignment requests

If the ownership of a design has been assigned to another party, you need to let us know.

This is done by supplying assignment documents such as a deed of assignment, merger document or sale agreement.

These documents must include:

  • the exact name of the current owner
  • the name of the new owner
  • date of execution of the assignment
  • the design number(s) the assignment relates to
  • signatures of both parties and at least the signature of the current owner. 

If there is more than one owner, all signatures are required.

Recording a mortgage or licence

If you want to record the details of a mortgage that has been taken out on your design you need to record this on the national Personal Property Securities Register.

You may wish to also record the details of a mortgage or licence on a design on the Australian design search. To do this you have to tell us that you want to record a licence or mortgage and give us evidence which shows that a mortgage or licence exists. This evidence might be a copy of a mortgage or licence agreement with relevant signatures.

This content was first published on www.ipaustralia.gov.au.

Licensed from the Commonwealth of Australia under a Creative Commons Attribution 4.0 International Licence.

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