This leaflet provides basic information
on some areas of design protection.
Designs:
How to Protect your Design
Intellectual Property Ofce is an operating name of the Patent Ofce
All information contained in this document was correct at the time of going to print, and is available in
alternative formats on request. For further information please visit our website at:- www.ipo.gov.uk or
contact us on:- 0300 300 2000
This booklet provides basic information on some
areas of Designs. It is not a reference book and
has no legal authority
1
What is the difference between Design Right and a
Registered Design?
Designs: How to Protect your Design
What is a Design?
Registered Design:
A Registered Design gives you total rights of ownership over the appearance of
a product or just part of a product. A Registered Design can last up to 25 years
providing you pay your renewal fees every ve years. Unlike the Design Right a
Registered Design will allow you to protect both 3D and 2D features of a design.
If you wish to protect a pattern that you intend to apply to wallpaper or textiles for
example a Registered Design would be appropriate.
A Registered Design can be sold or licensed. Additionally it may be easier to stop
people from copying your design as the mere existence of the registration alone
can act as a deterrent. If you feel your Registered Design is infringed you may
challenge and the onus will be on the third party to prove they have not infringed
your rights.
To benet from Registered Design rights you will need to make an application to
the Intellectual Property Ofce.
A design protects the visual appearance of a product
Designs: How to Protect your Design
3
Designs: How to Protect your Design
Registered Design Design Right
(Unregistered Design)
Application to be made to IPO Automatic right
Lasts for up to 25 years Lasts between 10-15 years
Onus on other party to prove they
have not infringed your rights
Onus on you to prove intentional
copying.
You obtain a grant certicate from the
IPO evidencing your rights
You have to show evidence of the
existence of your rights
Rights are exclusive to you and
licenses would need to be authorised
by you
License of Right automatically granted
to other parties in the last ve years
Published in our Designs Journal and
on our Register
Not stored in any register
Novelty
Your design should not be the same as any design which has already been made
publically available. Your Registered Design could be challenged if someone
feels it is not new. We therefore advise that you search our register, available
on our website, prior to making an application. If you prefer we can do this for
you if you le a form DF21 and fee of £25. We will conduct a search for identical
designs registered in the UK alone. We do not search for unregistered designs
reduction in fees by ling a “multiple application”. This means that you le more
than one design under the same application form.
5
How to Apply to Register a Design: Application Form
The application form you will require is a DF2A and is available via our website.
The form is easy to ll in. The most important information you should provide is
as follows:
Designs: How to Protect your Design
Page 1
Box 2 – Please inform us how many
designs you are applying to protect.
Box 3 – You must provide us
with the full name and address
of the applicant. This may be an
individual or a company. If the
applicant is a company you should
inform us where this company was
incorporated.
Box 4 – If you have an agent
or an alternative address for
correspondence purposes you
should provide details in this box.
Box 6 – Please ensure you sign
the form, your application cannot
proceed if you do not.
Box 7 – Please provide a contact
name and telephone number, many
queries can be quickly cleared up if
we are able to telephone you.
Page 2
6
Designs: How to Protect your Design
Drawings
You must provide us with a single set of representations of your design. As these
representations will be scanned once they are received, it is in your interest
to provide the best quality images possible. Your representations should be
presented in the following way:
- Either line drawings or photographs.
- Should show only the design
to be registered, (photographs
should show the design with no
background detail).
- Should show the design as it
actually looks to the eye.
- Be placed on plain A4 paper.
- Should not include any technical
details such as dimensions.
- If protecting the look of the entire
product you should show all
relevant views, e.g. front, back, both
sides, top and bottom.
- The only text used should be view
designations, (i,e. top view, side
view), or disclaimers, none of which
should obscure the design itself.
- If protecting a pattern ensure that
your representation shows the
entire design including repetition of
that design. You should also state
the following on the representation
£20 (For each additional design if ling a multiple).
Additional forms you may need to use:
DF2C
– request to publish an application if publication was initially deferred on
the DF2A - £40 per application.
DF21 – request for us to search the register, (usually submitted prior to you
making an application) - £25. This form is optional, please refer to
"Novelty" on page 3.
8
Do my Design Rights protect me abroad?
A Design Right or Registered Design protects you in the UK only. If you are
intending to trade in other countries you should seek further protection.
If you are interested in gaining rights within Europe you can rely on an
Unregistered Community Design. This is an automatic right which lasts for three
years. Alternatively you could apply for a Registered Community Design which
will provide you with cover through the whole of the EU. For further information
on this you should contact the Ofce for Harmonisation in the Internal Market,
(OHIM). You can visit their website www.oami.europa.eu
If you wish to protect your design in only some of the countries in the EU or in
countries outside of the EU you can make applications to each individual country.
Alternatively you could apply through the Hague System which covers 55
countries or territories. A single application can be made to the World Intellectual
Property Organisation, (WIPO). You can visit their website www.wipo.int
Designs: How to Protect your Design
9
Further Information
This booklet aims to provide you
with brief information on designs.
For further information please refer
to our website www.ipo.gov.uk
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Other Publications
Patents
1. Patents: Essential Reading
2. Patents: Application Guide
3. Patents: Basic Facts
Designs
4. How to Apply to Register a Design
5. How to Protect your Design
Copyright
6. Copyright: Essential Reading
7. Copyright: Basic Facts
Trade Marks
8. Trade Marks: Quick Facts
Additional
9. Non Disclosure Agreements
10. Licensing Intellectual Property
11. Agreeing a Price for Intellectual
Property Rights
12. Choosing the Right IP Adviser
Name:
Address: