Design Registration Procedure

Requirements:

Any application for design registration must be filed before there is any public disclosure or use of an article embodying the design, or the design itself. Offers for sale and secret commercial use can also count as disclosure.

Procedure:

Filing may be proceeded by searching to assess novelty. This will ideally include design registration, literature, and internet searching as well as accessing common knowledge in the appropriate industry.

For New Zealand residents and citizens an application for design registration is often first filed in NZ. The application is accompanied by drawings or photographs of the article clearly showing the nature and features of the design.

Provisional Interim protection is provided by most countries overseas for 6 months, insofar that any overseas application filed in those countries within the 6 month deadline will be effectively entitled to the NZ filing date. In some instances applications may be filed after the six month period, depending on the extent of disclosure of the design. Overseas applications need to be filed in each country where protection is required, though Europe provides for a single European application to be filed.

The application will be examined, and objections made if the design is not considered to be new or original. Such objections are rare.

Once any objections have been addressed the application is accepted. Other parties, having valid reasons, can oppose the registration of the design though this is relatively rare.

The advertisement period is usually the first time the contents of the design application is published.

At the end of the advertisement (for opposition) period, the design will generally be registered. The maximum term is typically around 15 years, subject to the payment of periodic renewal fees.