When applying to register a design in Australia, the drawings or photographs submitted with the application are among the most important documents. They establish the visual appearance of the product for which protection is sought and play a significant role in determining the scope of the registered design.
Unlike a patent application, which generally relies on written claims to define an invention, an Australian design application relies principally on visual representations to identify the design.
Poorly prepared drawings, inconsistent views or unclear photographs can result in objections from IP Australia. They may also create uncertainty about the scope of protection, particularly if the registration is subsequently examined or enforced.
Applicants should therefore ensure that their representations are accurate, complete and consistent before filing.
What Types of Representations Does IP Australia Accept?
Under the Designs Act 2003 (Cth), a design concerns the overall appearance of a product resulting from one or more of its visual features, including its shape, configuration, pattern and ornamentation.
Applicants can use several types of representations to illustrate their designs, including:
- Line drawings: Technical illustrations showing the shape, contours and other visual features of the product.
- Photographs: Images of the actual product or a physical prototype.
- Computer-generated images: Two-dimensional images or renderings prepared using computer-aided design (CAD) software.
There is no general requirement to provide professional technical drawings where sufficiently clear photographs are available. Similarly, applicants do not need to manufacture a physical prototype before filing if accurate computer-generated representations can adequately show the proposed design.
However, the chosen representations must satisfy the applicable formal requirements and clearly identify the design for which registration is sought.
For applications filed on or after 10 March 2022, the relevant standards are prescribed by the Designs (Formal Requirements for Designs Documents) Instrument 2022.
How Many Drawings or Views Are Required?
IP Australia does not prescribe a fixed number of drawings or photographs for every design application.
The number of views required depends on the nature and complexity of the product and the visual features that distinguish its appearance.
For a typical three-dimensional product, applicants should consider providing a front view, rear view, left-side view, right-side view, top view, bottom view and at least one perspective view.
Not every view will be necessary in every case. For example, a relatively simple product may be adequately represented using fewer views. Conversely, a product with distinctive features on several surfaces may require more extensive representations.
At least one representation must show the complete product in its fully assembled form.
This requirement is particularly important for products consisting of multiple components. An exploded drawing showing individual components will not, by itself, satisfy the requirement to show the assembled product.
The objective is not to submit as many images as possible. It is to provide enough views to establish an accurate and complete picture of the design.
Requirements for Line Drawings
Line drawings are commonly used for Australian design applications because they can illustrate the shape and configuration of a product without introducing unnecessary visual details.
Drawings should use clear, dark and well-defined lines. Rough sketches, faint outlines and inconsistent linework may be unacceptable.
The proportions of the product must also remain consistent between views. A feature appearing circular in one view should not appear disproportionately elongated in another unless the difference is attributable to perspective.
Shading and cross-hatching may be used to indicate surface contours or other visual features. However, they should not obscure important details, and the shading technique should remain consistent across the representations.
Can You Use Solid and Broken Lines?
Yes. Australian design representations may use a combination of solid and broken lines.
As a general drafting convention, solid lines are used to identify the visual features that are the principal focus of the design, while broken or dotted lines may indicate less significant or generic features, hidden edges or contextual elements.
For example, where the distinctive appearance of a chair lies principally in the shape of its backrest, solid lines might be used to emphasise that feature, with other portions of the chair shown in broken lines.
However, broken lines do not automatically exclude parts of a product from consideration under Australian design law. The design is assessed in the context of the product as a whole.
Applicants should also avoid changing the treatment of the same feature between drawings. Showing a particular edge in solid lines in one view and broken lines in another may suggest that the representations depict different designs.
The use of different line types should therefore be considered carefully before filing.
Requirements for Photographs
Photographs are an acceptable alternative to drawings, provided they clearly and consistently show the product.
IP Australia requires photographs to be clear, in focus and taken against a plain, neutral background that contrasts with the product.
Photographs should also accurately reproduce the product’s appearance without unnecessary shadows, reflections or distortion.
For example, an applicant seeking registration for a lighting fixture should avoid photographing it in a furnished room where surrounding objects make its outline difficult to distinguish. A photograph against a neutral background would generally be more appropriate.
Lighting should remain consistent between photographs. Strong shadows may obscure important contours or create the impression that the product has features which are not actually present.
Applicants should also ensure that the product is photographed from sufficient angles to show its relevant visual features.
Can You Submit Photographs Taken Using a Mobile Phone?
Yes. There is no general requirement to use professional photography equipment.
A mobile phone photograph may be suitable if it is sufficiently clear, properly focused and accurately depicts the product.
However, photographs taken for advertising or social media are not always suitable for design registration.
Marketing photographs frequently contain decorative backgrounds, props, dramatic lighting or perspective effects. These can create difficulties when identifying the product’s actual visual features.
Photographs prepared specifically for a design application should prioritise accuracy over presentation.
Should Drawings and Photographs Be in Colour?
Australian design applications may include colour representations.
However, applicants should consider whether colour is an intended visual feature of the design before deciding how to present it.
Colour can contribute to the overall appearance of a product and may affect how the registered design is interpreted.
For example, where a product has a distinctive combination of colours forming part of its appearance, colour representations may be appropriate.
Where the principal features are the shape and configuration of the product, black-and-white line drawings may be preferable, depending on the protection sought.
Applicants should avoid submitting a mixture of colour photographs and black-and-white line drawings for the same design. IP Australia generally expects representations to use a consistent format, and combining photographs with line drawings may create uncertainty about whether the images depict the same design.
Minor photographic colour differences attributable to ordinary lighting variations may be acceptable. However, materially different colour schemes may indicate different designs.
Can You Include Close-Up, Exploded or Configuration Views?
Additional views can be included where they assist in understanding the product’s appearance.
Close-up views may be used to show particular details, such as the surface pattern of a jewellery item or the configuration of a product component. A close-up must be clearly identifiable as part of the product and accompanied by a view showing the complete product.
Exploded views may illustrate how components fit together. For example, an exploded view of a container may show its body, lid and associated components. The application must also include a view showing the product fully assembled.
Configuration views may be appropriate where the same product changes position during normal use. A foldable chair, for instance, may be shown in both its open and folded configurations. The views should be clearly identified so that they are not mistaken for different designs.
Environmental or reference views may also be included to show a product in use or in its intended setting. Such views are supplementary and should be clearly identified. They must not create uncertainty about the design being claimed.
Should Drawings Include Dimensions or Explanatory Text?
Generally, no.
Design representations are intended to illustrate the visual appearance of the product, not provide manufacturing instructions.
Measurements, dimensional arrows, material specifications and technical descriptions should generally be omitted from the representations.
Simple labels such as “Front View”, “Perspective View”, “Top View” or “Exploded View” may be included where necessary to identify the views.
Where the nature of a view is not readily apparent, appropriate labelling may be required.
Words or graphical elements forming part of the actual product design may also appear in the representations. However, unnecessary branding, explanatory notes and promotional text should not be included.
For instance, if an applicant seeks protection for the appearance of product packaging featuring particular ornamentation, the relevant ornamentation must be shown as applied to the packaging. A logo presented on its own will not ordinarily constitute a representation of a physical product for Australian design registration purposes.
What If Only One Part of the Product Is New?
A design may derive much of its distinctiveness from a particular feature or portion of a product.
Nevertheless, the representations must show the product to which the design is applied, including at least one complete view.
Applicants may choose to emphasise particular features through the use of appropriate linework and an optional Statement of Newness and Distinctiveness.
Such a statement identifies the visual features considered particularly new and distinctive. It may influence the assessment of distinctiveness during examination.
However, it does not convert an application into protection for an isolated feature independent of the product, and an unnecessarily restrictive statement may limit the protection available.
Accordingly, the need for a Statement of Newness and Distinctiveness should be assessed in conjunction with the proposed drawings.
Common Problems with Design Representations
A number of recurring issues can complicate the filing and registration process.
One is inconsistency between views. If a product has four openings in one drawing and five in another, the representations may suggest different designs rather than different perspectives of the same product.
Another is submitting images showing several product variations as though they represent a single design. Different shapes, configurations or ornamental arrangements may require separate designs to be identified in the application.
Applications can also encounter difficulties where photographs contain distracting backgrounds, important features are obscured, or drawings are insufficiently detailed.
A further concern is the omission of significant views. If the distinctive appearance of a product is located on its underside, a set of drawings showing only the front and sides may fail to communicate an important aspect of the design.
These matters should be addressed before filing rather than left for correction during the formalities assessment.
Can Drawings Be Changed After Filing?
Amendments to design applications are subject to restrictions under section 28 of the Designs Act 2003.
In particular, amendments cannot introduce matter that was not, in substance, disclosed in the original application.
This means an applicant cannot assume that omitted design features, altered configurations or additional visual elements can simply be introduced after filing.
An amendment intended to correct a minor inconsistency may be permissible in appropriate circumstances. However, adding previously undisclosed features is a different matter.
For this reason, the original representations should be reviewed carefully before the application is lodged.
What Should You Provide to Your Australian Design Attorney?
If you are preparing to register a design in Australia, it is useful to provide your attorney with the clearest available images of the product.
These may include existing CAD drawings, computer-generated renderings, technical illustrations or photographs of a prototype.
You should also identify the product to which the design relates, explain which visual features you consider distinctive, and advise whether there are different versions or configurations of the product.
If a design has already been filed overseas, the earlier application and its representations should be provided for review, particularly where priority is intended to be claimed.
Your attorney can then assess whether the available images adequately represent the design, whether additional views are required and whether separate applications should be considered for different designs.
Preparing Your Australian Design Application
The drawings and photographs submitted with an Australian design application do more than satisfy a filing formality. They establish the visual appearance against which the registered design may subsequently be assessed.
Clear and consistent representations reduce the risk of formal objections and assist in identifying the scope of the design.
Contact us to learn more about how LexGeneris can assist you with all your intellectual property needs. You can also schedule a no-cost consultation with our team of expert IP Attorneys Australia, IP Attorneys India, and IP Attorneys New Zealand
