What is a design?

A design is a feature of a product resulting from its lines, contours, colours, shape, texture or materials, or its ornamentation.

To qualify for registration, a design must be new and have individual character.

What is the benefit of having a design registration?

A design registration provides a monopoly in the commercial exploitation of the design. Some design rights come into existence automatically on creation of an original design, but these are not ‘monopoly’ rights, as they are only infringed if you can prove that someone copied your design. Also, they do not provide protection against someone who independently creates a similar design.

A registered design lasts up to twenty-five years, whereas the rights that come into existence automatically cover a shorter period and generally only provide a five-year period of exclusivity.

Can I get a single worldwide registered design?

No. Generally speaking, the government in each country grants design registrations and you need to apply for protection in each country in which you want protection. There are systems that simplify this process, such as the European Community Design Registration system, but you still need to take steps to obtain protection in all the countries of interest.

You will have six months from the date you file your British application to decide whether to pursue protection overseas. Provided your overseas applications are filed within this ‘priority’ period, your overseas applications will be treated as if they were filed on the same date as the British application.

Why should I conduct a search before I file an application?

It is always prudent to conduct searches prior to filing an application or commercially exploiting a design. Intellectual Property is essentially the same as other types of property, and few people would buy a house without having some type of survey conducted. Also, different types of searches can be conducted depending on your invention and circumstances.

The searches are intended to answer questions such as:

• Whether your design available for registration on the goods or services of interest
• Whether you will be able to use your design without infringing the rights of others

How do I apply for a registered design?

To advise on searches and the application procedure we need sight of the design (eg a photograph), an indication of the goods on which it will be used, and the name of the person or company who will own the registration.

How long will it take to complete the registration process?

The registration procedure generally takes between two and four months if there are no objections.

How much will it cost to obtain a registered design?

The cost of obtaining a registration will vary depending on the specific design of interest to you. We will offer guidance on the cost of searching or filing an application when we have seen the design.

Significant additional costs will be incurred if you require protection overseas, but we can advise on these costs when we know the specific countries of interest to you.