Annual Technical Report on Industrial Design Information Activities in 2023 submitted by IP Australia

Please provide links to your website where the requested information can be found in English, French, or Spanish.  Alternately, you may provide text responses instead of URLs if desired.  If the information is not available on your website in an ATR language, then please provide text.

URLs in responses should meet the following requirements:

The term "industrial designs" covers industrial designs and models.

Offices which issue design patents should report their design patent information activities in this series of Annual Technical Reports.

I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN INDUSTRIAL DESIGN INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE

Information on the following topics is desired:

Outline of main policies and plans aimed at development of industrial design information activities and expected time frames for their realization:  

IP Australia’s vision is to deliver world leading IP services that are modern, effective and efficient to ensure all Australians benefit from great ideas, through administration of IP rights including designs.  

In 2021, IP Australia carried out research and consultation exploring Australia’s design economy, the Designs Reform Project (DRP). A significant body of evidence was compiled to inform potential changes to, and surrounding, the design rights system in Australia. https://www.ipaustralia.gov.au/about-us/our-agency/our-research/design-initiatives 

Based on these findings, in 2022 IP Australia completed a first phase of legislative improvements to the designs system, including introduction of a 12-month grace period. IP Australia is now exploring potential legislative changes to allow a broader section of the designs economy to benefit from registered design protection. Possible changes include protection for virtual designs, designs for parts of products, and more flexible protection for designs as they are incrementally developed. 

Between 13 June and 13 August 2023, IP Australia conducted public consultation on the second phase of reforms. There were three proposals made in the consultations and IP Australia is refining the three proposals based on the feedback received and will report the outcome of this consultation to the Government. The Government will decide whether to proceed with legislation and further consultation. 

More information can be found in our Strategic Corporate Plan https://www.ipaustralia.gov.au/about-us/accountability-and-reporting/corporate-plan. 

New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks: 

Working with peak industry bodies, tertiary institutions and design businesses, IP Australia continues to enhance educational resources to improve knowledge of design rights, their purpose and how to make use of them. Primarily for designers and SMEs, this suite includes case studies, presentations, short videos, animations and tools. These can assist with collaborations and help businesses make informed decisions about protecting designs as part of a broader commercialisation strategy. Further information is contained in Section V: https://www.ipaustralia.gov.au/designs/what-are-design-rights . 

IP Australia has also worked to improve and simplify the experience for those deciding to register a design with:  

  • Refreshed website content, which makes it easier to access essential information about how to manage and protect designs, the basics of design rights and how the application process works; and  
  • A new online filing system for design applications, which is helping to make the experience of applying for a design faster and easier. This is part of a comprehensive transformation of IP Australia’s online services platform. Customers can use the feedback tool within the platform to share what’s working well or what could be improved. 

Customer Value Program (CVP): The vision of the CVP is to ensure all Australians benefit from great ideas by providing world-leading IP related digital services that are modern, efficient and effective.  The CVP aims to transform IP Australia’s internal processes and capabilities and align them to a customer-centric and delivery-focused model. The program has delivered efficiencies for end-to-end IP rights administration and improve engagement and satisfaction for IP Australia’s customers. 

The Customer Value Program will deliver four key capabilities: 

  1. A modern, practical and informative corporate website;  
  2. Modern and effective correspondence;   
  3. Streamlined and efficient processes and services for customers; and  
  4. Digital experience personalisation and maturity. 

Designs System Revitalisation (DSR): The DSR project is a multi-year initiative to revitalise the usability, accessibility, and functionality of Rights in One (RIO) for Designs. DSR will deliver a viable end-to-end request fulfilment system for design rights case management. It will be compatible with assistive technology with a focus on the needs of internal users. 

The work will increase efficiency in processes supporting the work of designs officers. It will also improve the accuracy and consistency of information for design rights customers. The first Planning Increments (PIs) will focus on: 

  1. Reducing or eliminating high consequence bugs and pain points, and risks;  
  2. Improving staff usability; 
  3. Setting a solid foundation for data collection and governance; and 
  4. Improving process and language to support IT implementation. 

Main areas of industrial design information activities and related information and communication technology (ICT) practices which were the focus of attention last year:  

Refer to responses above. 

Statistics: changes in terms of application filings and grants (registrations) with respect to previous year; trends or areas experiencing rapid changes: 

Year  

2023 

2022 

2021 

2020  

2019  

2018  

Applications  

8,776 

7,869 

8,123 

7,172 

7,462  

7,838  

Registrations  

8,000 

7,593 

8,023 

6,332 

7,077  

7,384 

Certifications  

1,540 

1,241 

1,377 

997 

1,001  

1,110  

Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.: 

Latest news  

https://www.ipaustralia.gov.au/news-and-community 

Statistics  

https://www.ipaustralia.gov.au/tools-and-research/professional-resources/data-research-and-reports 

Australian IP Report 

https://www.ipaustralia.gov.au/tools-and-research/professional-resources/data-research-and-reports 

II. SERVICES AND ACTIVITIES RELATED TO INDUSTRIAL DESIGN INFORMATION CARRIED OUT BY THE OFFICE

Information on the following topics is desired:

Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs: 

The primary form of publication of industrial design information is the IP Australia website.  The main page is https://www.ipaustralia.gov.au/designs.   

In particular, applicants can access the search guide and information via the HELP button located on Australian Design Search:  

The Designs Examiners’ Manual of Practice and Procedure is also available as a resource, which can also be accessed through the Australian Design Search: https://manuals.ipaustralia.gov.au/designs. 

In part 2.2 of the Designs Examiners’ Manual of Practice and Procedure, Registration processes provide applicants with information on filing/ submitting applications through Online Services portal, the Business 2 Business interface or in paper form, either by post or in person: 

https://manuals.ipaustralia.gov.au/design/registration-process 

Applicants for designs are encouraged to apply via electronic means through the Online Services portal. If the applicant is unable to access our online services, there are other means including by post. A higher fee structure may apply in these circumstances. 

Availability of the application dossier in electronic form: 

Registration and application bibliographical data is available via the Australian Design Search system.  

https://search.ipaustralia.gov.au/designs/search/quick 

Classification and reclassification activities; classification system used, e.g., International Classification for Industrial Designs (Locarno Classification), other classification: 

IP Australia uses a system of classification based on the International Classification for Industrial Designs (known also as the Locarno Classification System because it is based on the Locarno Agreement). 

Australia is not a party to the Locarno Agreement, but IP Australia still uses the system to classify designs as much as possible within Australian legislative requirements and restrictions: 

https://manuals.ipaustralia.gov.au/design/classification-systems. 

Other activities: 

IP Australia provides information on the availability of a grace period protection for those who accidentally publish, or those who were unaware they needed to file for protection before disclosure. For example, a designer who unintentionally publishes a design on social media can still seek protection for it within the 12 months period: 

https://www.ipaustralia.gov.au/designs/applying-for-a-design/grace-period. 

III. SOURCES OF INDUSTRIAL DESIGN INFORMATION PROVIDED BY THE OFFICE

Information on the following topics is desired:

Main types of publications in the field of industrial design information, outline of the content (industrial design applications, design patents, registrations, etc.) and medium (on paper, on CDs, online - URLs): 

The primary form of publication of industrial design information is the IP Australia website.  The main page is: https://www.ipaustralia.gov.au/designs. 

The contents available range from design rights facts, guides and tutorials to Online Services portal.  

The Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 took effect from 10 March 2022 and the website was updated accordingly: https://consultation.ipaustralia.gov.au/policy/designs-bill-2020/ . 

Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online - URL), etc.: 

The Official Journal is available online:  http://pericles.ipaustralia.gov.au/ols/edesign/epublish/search_page.jsp? and contains the following announcements:  

  • Applications Filed  
  • Applications Registered or Published  
  • Registrations Certified, Revoked, or Ceased 
  • Amendments, Changes and Corrections  
  • Applications Lapsed or Withdrawn  
  • Assignment, Transmittals and Transfers  
  • Extensions of Time  
  • Renewal of Registration  
  • Official Notices  

PDF back copies of The Australian Official Journal of Designs up to March 2016 can be accessed at the following URL:  

http://pericles.ipaustralia.gov.au/ols/epublish/content/olsDesignPDFs.jsp 

Information products (coverage, medium, etc.) available to examiners, including external documentation and databases: 

IP Australia’s Designs examiners have access to information (both not available to the public, and available to the public) via our Rights in One (RiO), a Pega system, and Oracle database. IP Australia also uses WIPO Digital Access Services (WIPO DAS) information. The coverage of information available to examiners includes documents on the file that are not publicly available (such as information relating to before a design is registered or published).   

The following information is both publicly available and available to examiners: 

  • product name
  • status
  • priority date (including convention details)
  • filing date
  • applicant (ownership)
  • designer
  • any related designs

The following information is not publicly available prior to registration, but is available to examiners: 

  • representations
  • address for service
  • statement of newness and distinctiveness

More information is available at: https://manuals.ipaustralia.gov.au/design/publication-and-file-access--overview 

Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.): 

Bibliographic data and images for registered designs post-1972 are available, free of charge via: 

Bulk data on Designs is made available as part of the Australian Government free data access initiative via IP RAPID and IPLORD at data.gov.au:  https://data.gov.au/search?organisation=IP%20Australia. 

Legal status information (kind of information, coverage, medium, etc.): 

The legal status information of designs is available via Australian Design Search or via Australian Design Search API: https://anypoint.mulesoft.com/exchange/portals/ip-australia-3/c754c487-2b4e-4eda-be95-804652b5cea8/australian-design-search-api/ 

Since Joining DESIGNview in September 2021, design information from IP Australia (including legal status information) is also available via EUIPO DESIGNview: https://www.tmdn.org/tmdsview-web/#/dsview/news 

IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO INDUSTRIAL DESIGN INFORMATION CARRIED OUT BY THE OFFICE

Information on the following topics is desired:

Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements:  

Online Services portal (replacing eServices): A bespoke interactive cloud-based website for self-filers to file applications and mange existing IPRs: https://portal.ipaustralia.gov.au/login 

B2B API channel: Allows professional IP service providers to submit new applications and manage IPRs via APIs: https://www.ipaustralia.gov.au/tools-and-research/professional-resources/apis 

Order Management Workbench (OMW): A web-based interface which allows formalities staff to enter paper-based applications and manually correct issues and errors with filings. It is a bespoke java application.  

Rights In One (RIO): The primary business system for design administration and examination. It runs on a PEGA Case Management system. 

Hardware used to support the business processes of the Office:  

IP Australia uses commercial laptops with Windows 11 operating systems and MS365 productivity tools that support the running of custom developed workflow and examination tools that enables our examiners to process design assessment (Rights in One tool). MS Teams and SharePoint have been introduced as our primary collaboration technologies. 

Online Services and B2B via API IPR application and management tools are cloud based. 

IP Australia’s legacy systems have been moved off-premises and moved into offsite, commercial, shared data centres and high available containerised architecture has been applied to majority of critical business applications.  

Internal databases: coverage, updates, interlinks with external sources: 

The primary internal database is the Designs Register (which contains not publicly-available information). The examiners assess newness and distinctiveness against the prior art base, which can include the following:  

    • the design is disclosed in a design application, and 
    • the design has an earlier priority date than the designated design, and 
    • the first-time documents disclosing the design are made available for public inspection under s 60 is on or after the priority date of the design (s 15(2)). 

 https://manuals.ipaustralia.gov.au/design/prior-art-base--overview 

Once the design is registered the information is available via Australian Designs Search.  

IP Australia also has access to the WIPO DAS to supplement the information available for internal use.  

Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file: 

Designs examiners at IP Australia generate search files from a variety of internally and externally available sources of data. Search information is recorded and stored via the Rights in One system referred to above.  

The Rights in One system conducts regular automatic updates that will update and sync the search files generated by examiners.  

Design examiners search the following databases and resources external to records generated by IP Australia:  

  • The owner’s website(s) (if applicable); 
  • Social media platforms, where appropriate and particularly the owner’s own social media profiles;  
  • Google, and if appropriate other Internet search engines; and 
  • Where priority is claimed, the local IP office register, where practical. The Global Design Database or DESIGNview provides results across multiple IP office registers. 

Administrative management electronic systems (register, legal status, statistics, and administrative support): 

The administrative team at IP Australia also use the same Rights In One system for management of electronic records, administrative support and workflow. 

V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF INDUSTRIAL DESIGN INFORMATION

Information on the following topics is desired:

Office's library (if deals with industrial design information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries: 

All Australian designs records/documents are handled in accordance with Office procedures set down under Australian Law and archiving practices. 

IP Australia’s internal library service does not manage IP rights data that is used for search and examination purposes. The library service does provide a curation of IP Australia’s historical publications, documents and ephemera including digitising this material to make it easily accessible to the organisation and the wider community. 

Publications related to different business procedures and industrial design information sources available to users, for example, books, brochures, Internet publications, etc.: 

Publications related to different business procedures and industrial design information sources are available to users, for example, books, brochures, Internet publications, etc. 

IP Australia provides useful links and information on a wide range of information related to intellectual property via IP Australia’s website.  

Cooperation with universities, technology and innovation support centers, etc.: 

Small business Outreach: IP Australia takes a strategic approach to engagement with small business by establishing a partnership network across government, universities and industry associations, leveraging their networks and the credibility they have in IP Australia’s target audience of start-ups and small to medium enterprises.  

Engagement activities have been identified and targeted into the following groups: 

  • Secondary schools – this year IP Australia are trialling a program to engage with secondary school students studying design. This has been a very positive engagement so far, validating our assumption that secondary school students, teachers and supporting networks have very limited knowledge of designs. 
  • Government departments and agencies – Commonwealth and State based programs that engage with IP Australia’s target audience. These often use a Business Advisor network that proactively delivers IP education to the small business and design community. 
  • Universities – early career researchers, undergraduate and industry collaborations. 
  • Peak Industry bodies – industry associations that represent small and medium enterprises; providing objective information that can be channelled through the associations, leveraging any Business Advisor networks they have, supplementing content on their websites and including articles that appeal to the designs community. 
  • Direct – IP Australia provides webinars and resources designed for self-service on IP Australia's website and promoted through social media and newsletters, aimed at the end-user/self-filer. 
  • Indigenous – IP Australia has a dedicated set of resources including videos, fact sheets and a call-back service – Yarnline – to support Indigenous business owners engaging with the IP system. 

Overview of primary engagement activities: 

Hybrid Presentations and Workshops (30-60 minutes) 

Collaborating with design industry associations, we develop and deliver virtual and live information sessions hosted by IP Australia Public Education staff and design subject matter experts which include: 

  • Pre-session surveys (to understand audience profile)  
  • Welcome and introduction 
  • Presentation by a subject matter expert (experienced IP examiner) 
  • Q&A  
  • Links to relevant online education resources 
  • Post session surveys (to understand attendee satisfaction and areas for improvement). 

Social media, EDMs and YouTube 

IP Australia engages with audiences via digital platforms to support IP Australia policy and consultation activities, IP trends and analysis report publications, to highlight and correct misconceptions and to educate. Platforms include LinkedIn, Facebook, Twitter/X, Instagram and monthly electronic direct mailouts. 

IP Australia develops video content and recorded information sessions and make them available on our YouTube channel, supported by social media promotion. 

Event attendance 

Participation at relevant industry and government events for face-to-face engagement with small business owners and professional services individuals supporting small businesses: 

  • Trade stand/booths; 
  • A5 and business card size collateral with QR codes linking to online education resources; 
  • Presentations and panel participation to demonstrate relevance of IP for business, IP within the innovation ecosystem, IP analytics for Government policy development, IP trends to support small business growth (success); 
  • Working with incubation hubs, accelerator programs and relevant conferences/expos, to provide information and demonstrate relevance of IP for start-ups and early-stage businesses. Collaborating with design industry partners gives IP Australia credibility in delivering the material and access to design networks; and 
  • Developing new content targeted at educating start-ups and early-stage business on commercialisation, exporting and IP protection for digital innovations/inventions. 

Promotion of these events is shared among IP Australia channels and partners via social media, email subscription newsletters and proactive message multiplier networks such as peak industry bodies and other government organisations.  

Digital experience: The new IP Australia website was launched in late 2022. In 2023 the Digital Services Team has been leading a continuous improvement program, listening to customers as they note what is working and where improvements can be made. 

Education and training: training courses, e learning modules (URLs), seminars, exhibitions, etc.: 

Design is a key right for Indigenous business, and IP Australia has developed customised products and an Indigenous Knowledge IP Hub – specifically designed to provide information to Aboriginal and Torres Strait Island business owners, and any other business that wants to engage with Indigenous Knowledge in their business – including guidance on how to navigate sensitivities and work respectfully. IP Australia has launched ‘Yarnline’ a call-back enquiry service for Indigenous business owners, and those who wish to engage with Indigenous Knowledge in their business. IP Australia has trained examiners, some Indigenous, some non- Indigenous, to engage appropriately with this key audience. 

Instagram continues to be an effective channel in reaching indigenous business communities in urban, rural and remote areas. By partnering with Aboriginal Arts foundations, design industry partners, design industry award programs and other government agencies and university programs, IP Australia leverages networks to share the content that is available via multimedia (videos and animations) and fact sheets etc. 

A suite of ‘IP Basics’ fact sheets, illustrated with case studies, was launched with excellent feedback on the plain language nature of the material. The design rights fact sheet was promoted to industry.  

Webinars: 

IP Australia rolled out a suite of designs video products including case studies: https://www.youtube.com/playlist?list=PLFkPefP3FacHm2b-unOmu9fsOaceRUWj9. 

Following the launch of the Instagram channel, significant engagement has been seen that eclipses Facebook and Twitter/X in performance (https://www.instagram.com/ipaustraliaofficial/) and highlighting designs information across all of our social media platforms. 

Please also refer to comments in previous section. 

VI.INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF INDUSTRIAL DESIGN INFORMATION

Information on the following topics is desired:

International exchange of industrial design information in machine-readable form (e.g., Official Gazettes):  

International exchange of IP rights information is publicly available using IP Australia’s bulk data products: https://www.ipaustralia.gov.au/about-us/doing-business-us/bulk-data-products 

IP Australia is engaged with the Committee of WIPO Standards (CWS) and participates in the development and application of standards for IP Offices to exchange data in automated, machine-readable ways. 

Participation in international or regional activities and projects related to industrial design information:  

No comment provided here. 

Assistance to developing countries:  

No comment provided here. 

VII. OTHER RELATED MATTERS

No comment provided here.