In a major development for Australia commencing on 10th March 2022, publications or use of a design on or after 10th March 2022, will be protected by a 12-month grace period. This development will bring Australia into line with jurisdictions such as the United States of America and Europe and protects product designers against certain inadvertent disclosures (by publication or use) prior to filing of the design application in Australia.
We welcome this change to Australian design law, particularly as Australia now has grace periods for both designs and patents to protect both a registerable design and a patentable invention for the same product.