How to apply for a design

Filing your design application can be as simple as completing the application form and paying the prescribed fee online. Before you begin there are a few things that you are going to need:
 

• You need to prepare representations of your design. Representations are drawings or pictures that show different views of the article or articles. For example, a perspective, front, back, sides, top and bottom views, may be necessary to show the full design features of the object. The representations must be visually clear, of good quality, suitable for reproduction on to an A4 sheet and in one of the following formats:

• Line drawings (of draftsperson quality), without any technical specification measurements
• Photos (with plain backdrop and no other items in the shot except the article).

If you are filing your application online and have several representations these must be combined into one electronic file.

You will also need:
 

• A title for the article or article(s). This should be a short (one line) description. Please do not use trade names
• A Statement of Novelty. This is a brief statement describing what is novel about the design. It should focus on any non-functional, visual features that you consider to be novel.
  
  NOTE: Statements of Novelty should not specify design advantages, and should not include a description of the article, its manufacture or function. Statements of Novelty are not required for textiles, wallpaper and lace.
  
  You may wish to adapt one of the following examples for your Statement of Novelty by substituting the name of your article for the article example given in brackets.
   

1. If the article’s design appeal is its three-dimensional shape:

“The design is to be applied to a (blender) and the novelty resides in the features of shape and configuration as shown in the accompanying representations."

“The novelty of the design resides in the features of shape and configuration of a (desk) as shown in the accompanying representations.”

2. If the article’s design appeal is its decorative features:

“The design is to be applied to a (fork) and the novelty resides in the features of pattern and ornamentation as shown in the accompanying representations."

“The novelty of the design resides in the features of pattern and ornamentation of a (picture frame) as shown in the accompanying representations.”

You can use the free online Design Search function to view more examples of how designs are represented and described on our design database.

• if required, an Authorisation of Agent if you are acting on behalf of the applicant. If you are filing your application online, this must be in .PDF file format.
   
• The applicant’s name and address information. If you are the applicant for the design, then supply your details. If you are applying for a business or someone else, or if several applicants are applying, then have these details ready.
   
• An address for service in New Zealand – every application must have a service address in New Zealand. This can be a business or residential address, post office box or document exchange box in New Zealand.

The cost

An application to register a design costs NZ$112.50 (GST included). Since the fee is non-refundable, it is important to complete your research first, particularly these two steps:

1. Review the How to check for existing designs section to ensure your desired design is not already registered. Note: you can request IPONZ to conduct a search for you for free.
2. Review our section on What makes a design registrable to reduce the chance of your application being rejected.

Please note - If an application is submitted online on a day which the Intellectual Property Office is officially closed, the application will be deemed to have been filed on, and will receive a filing date corresponding to, the date that the Intellectual Property Office is next open. For example, an application submitted online on Saturday will receive a filing date of the following Monday.

If information about a design, for which an application for a design registration is to be made, is published prior to the official filing date it may invalidate the registration. If a design application is submitted online on an official closed day, such as on a weekend, or over the Christmas - New Year period it would be prudent to wait until the next open day before publishing details of the design.
 

Online application

Getting started

To file your design application online you must be a registered user of our website. Registering as a user is free and it only takes a few minutes to complete. If you already have a User ID and password with other Ministry of Economic Development websites you will be able to use this to access our site. To register as a user, click here or see How do I manage my login? for more information.

FIRST let us know who would like to file the application:

1. If you are a registered user LOGIN, or
2. Supply your contact details to become a registered user (click REGISTER).

(Tip: record your LOGIN details in a safe place as these will save you time on subsequent visits.)

Now select APPLICATIONS, then APPLY FOR A DESIGN.

1. First time filers: the Application Questionnaire will display.
2. Previous filers: a list of past applications will display. Click NEW to see the Application Questionnaire.

The Application Questionnaire asks you for information we need to set up an application form tailored to the specific needs of your application.

Ensure you fill in all required Fields (marked with an asterisk). If you need help, click on the HELP button on the top toolbar, or contact us during business hours to speak to a client services advisor.

Navigating the form

You can add or remove fields at any time by clicking the QUESTIONNAIRE button at the top of the screen to return to the Application Questionnaire screen. You can change any of the entries you made there, then click the CONTINUE button to return to the Application Form screen. Fields will be added or deleted from the Application Form screen in line with any changes you made.

Note: If you want to reduce the number of applicants, inventors or convention priority claims from the number that you originally specified in the Application Questionnaire form, first delete any data entered into the excess fields originally provided in the Application Form, then return to the Application Questionnaire and reduce the number specified.

Use the SAVE button to save your work for later completion. Saved applications that have not been completed will be kept for a 90 days, after which they will be deleted automatically by the system.

Use the CONTINUE button to move to the next screen. Note: You may need to fix any errors or omissions (signalled in red at the top of the FORM) before you can continue.

Field tips

Reference Number: Use a different reference for each application. You will be prompted if you enter a previously used Number by mistake.

First default detail box: Check the default details throughout the Form and alter any as necessary.

Design Details

Fill in the fields then click BROWSE to find and upload your representations. GIF, JPEG, Word, PDF and TIFF file formats are accepted.

Related Design Details

If you noted, in the Application Questionnaire, that you are claiming convention priority or that an identical or similar design had already been filed, statements requesting the Commissioner to recognise earlier convention dates and date fields will appear. Enter the details of the earlier applications and upload any corresponding documents. Click BROWSE to find and upload the file. Note – only PDF files can be uploaded.

Additional Application Information:

Note any extra information relating to the application, for example, if there are more than 10 applicants note it here.

Applicant information

Use the radio button to specify the nature of the applicant eg personal representative.
 

1. New client: Fill in the applicant(s) details.
2. Existing client: click CHOOSE to locate their details in the database (NOTE if you have not logged in you must also fill in the CONTACT details section)

Authority to Act as Agent

If you are acting on behalf of the applicant you can upload an electronic copy of your Authority to Act as agent file or you can enter the reference for a General Authorisation previously filed. Note authority document files must be PDF format.

Submitting your online application

1. When you have completed the application form click CONTINUE.
   (NOTE: If there is an error or omission in the form a message will display in red at the top of the screen).
2. Check your application thoroughly and make any final changes before submitting it. Use the PRINT button at any time if you would like a copy of your application details emailed to you. (If you wish to review a file you have attached to the Application Form, click on the relevant hyperlink).
3. If you would like to save your application without submitting it press SAVE
4. Select OK when you wish to proceed to payment.
5. Payment: If you are logged in and you have a direct debit facility loaded to your account you can choose the CHARGE ACCOUNT option for payment. Otherwise click PAY BY CARD and fill in the credit card form, making sure to include your email address if you wish to receive a tax invoice.

Once your application has been submitted you will receive a Summary Report, sent to the email address supplied in the Application Questionnaire. If you have any problems opening this report or questions about its content, email us at mail@iponz.govt.nz.

Posting your application

Print out form Form 2 or 3 for a design for an “article”, or Form 4 or 5 for a “set of articles.” Before you post the form please check thoroughly that you have completed all fields and included any necessary representations or statements for your design. Payment options are explained at the end of the Form.

For forms or assistance please contact us.

What happens next?

Review The designs process section for more information on the application process.

Professional assistance

If you require assistance with preparing a design application we recommend that you contact a patent attorney or a lawyer who is familiar with intellectual property law. A list of registered patent attorneys can be found on our website.