We can search the Register of Designs on your behalf, to determine if a design is registrable, or if you are concerned about infringing somebody else’s design registration.
Due to the relative costs of filing an application and searching, we rarely conduct pre-filing searches. We may recommend searching before requesting examination, because the deterrent effect of a design registration will be lost if the examiner revokes the registration.
We can conduct periodic searching of the registered designs databases to monitor the filing activities of your key competitors. This can be performed in several jurisdictions including Australia, New Zealand and the central European design registration system, and helps you stay informed of your competitors’ new products and designs.
Before you launch a product in the Australian market, we recommend you conduct a Freedom to Operate search, also known as an infringement search, of the Australian designs register.
We can perform designs infringement searching based on either product names or classifications, and advise on issues following that search, including validity of the registered designs and the likely infringement of the designs, and options for avoiding the designs by designing around any blocking registrations.
As well as watching specific competitors and undertaking analysis, we can monitor activity in a particular design field by maintaining a watch on a particular field of design activity or classification. A search of this type helps you stay one step ahead of new products entering your market segment or new competitors in the Australian market.