In order to protect a design overseas, an application for your design must be made in each country you desire protection.

Each country has different requirements with variations in laws, fees, procedures, and timing. These can seem a little overwhelming at first, but at Chamberlains, we can help you file an application in Australia and facilitating filing an application for your design overseas.

 

How do I file overseas?

A design can be protected overseas by filing a design application in each country you wish to seek protection. The application may be either a:

  1. Convention Application

A convention application is a design application based on a previously filed Australian application. A convention application is filed in each country you wish to seek protection within six months of the filing date of your Australian application.

  1. National Application

A national application is a design application that is not based on an Australian application. Rather, a new application is filed in the country you are interested in by a local associate and establishing a priority date. For Example, you may only be interested in selling and making your products in the United States and therefore only desire design protection in the United States.

When applying for designs overseas, it is important to consider what approach will best serve your business and intellectual property needs.

Speak to one of our friendly staff members at Chamberlains if you are seeking overseas design protection.