Design & Copyright

UK DESIGN REGISTRATION

Registration is available for two or three-dimensional features of a design and which can relate to an article or a part of an article. The design must have "individual character" insofar as, for the informed user, the design must produce a different overall impression from earlier designs. WP Thompson & Co. have much experience in pursuing applications to obtain the most appropriate form of protection in respect of a wide variety of articles having aesthetic features considered to be commercially important. Once accepted by the UK Designs Registry, a design registration remains in force for 5 years from its date of registration and the term of protection can be extended for 4 further terms each of 5 years upon payment of appropriate renewal fees. As with patent protection, the novelty requirement is absolute, i.e. the novelty of an application for UK design registration is judged against what was publicly available anywhere in the world at the time of filing the application for registration.

There is however an exception for disclosures made by the designer within the 12 month period preceding the filing of the application. This 12 month "grace period" therefore allows for some degree of prior publication by the designer without fear of invalidating a later filed design registration.

In order to put an application on file at the UK Designs Registry and establish a filing date we need the following:

Full name, address and nationality of applicant(s)
Clear representation of the article bearing the design to be protected
Confirmation as to whether it is the features of the shape and configuration, i.e. generally three-dimensional features of the article, or features of pattern and ornament as applied to the article, i.e. features of surface decoration, or both, that are to be protected
Number, country and date of priority application (if applicable)

In due course, to complete the filing requirements we will need:

Certified copy of priority document and English translation (if applicable)
Confirmation of assignment details if intended applicant of the application is different from the applicant identified on the priority application (if applicable)