UK Design Registration

Registration is available by way of a formal application procedure at the UKIPO for two or three-dimensional features of a design and which can relate to an article, or part of an article. The design must be new and have "individual character" insofar as, for the informed user, the design must produce a different overall impression from earlier designs. As with patent protection, the novelty requirement is absolute, i.e. the novelty of a design embodied within a UK application is judged against all that was publicly available anywhere in the world at the time of filing the application for registration.

We can offer the benefit of our 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 Designs Registry at the UKIPO, the registration will be published and will remain in force for an initial period of five years from its filing date, which is treated as the date of registration. This term of protection can be extended by four further terms each of five years and upon payment of a renewal fee.

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 the fear of invalidating a design obtained via a later-filed application.

It is possible to include multiple designs within a single application and in order to advise further on this and to place an application on file at the UKIPO, and establish a filing date, we would look to receive the following:

 -         Full name, address and nationality of applicant(s)

-         Clear representations showing different views of the article(s) bearing the design(s) to be protected

-         Number, country and date of earlier priority application (if applicable)