Registered Designs
What is a registered design?
A registered design gives you exclusive rights in a design, which can take the form of two-dimensional designs or surface patterns, as well as shape and configuration. These rights can last for up to 25 years within the UK. The key requirements for a design to be registrable are that it is new and that it creates a different overall impression compared to earlier designs.
What is the difference between a patent and a registered design?
A registered design applies to the appearance or part of a product, whereas a patent is concerned with the function, operation, manufacture, or material of the item.
What is an unregistered design?
A design right is an automatic right, similar to copyright, although it is considered less useful than a registered design right. Protection lasts for up to 10 years after the product has been marketed, and up to 15 years from the date the design was created.
Two-dimensional designs (such as drawings) do not qualify for unregistered design protection because these would be protected under copyright instead.
In addition to the shorter duration of protection, there is a knowledge requirement that design owners must meet when claiming design infringement. It must be proven that a competitor had knowledge of the relevant design when creating the allegedly infringing product. This requirement does not apply to a registered design, as a registered design is a monopoly right.
To mitigate these risks, the owner or creator should keep clear records of design-related information to prove ownership. It is not necessary to apply for this right in the UK, but for extra protection you should keep a note of:
- When the design was first recorded
- When articles of the design were first made available for sale or hire
What are the timescales?
The UK Intellectual Property Office (IPO) will examine your application within one month, and if there are no objections, your design will be registered immediately.
For applicants based in the United States, design protection is handled through the U.S. Patent and Trademark Office (USPTO), and similar rights are referred to as design patents.