REGISTERED DESIGNS

A registered design can be obtained to protect the
appearance of a product, or a part of a product,
resulting from its shape and configuration, including
lines, contours and materials. A registration can also
be obtained for pattern or ornamentation to be
applied to a product.

The owner of a registered design is provided with a
monopoly right to make, import and deal in products
made to the design and is entitled to prevent
copying of the design by third parties.

To be registrable, a design must satisfy certain criteria,
for example, it must be materially different from any
other published design for the same article. If a design
has already been published an application for
registration may still validly be filed during a grace
period of 12 months after first publication.

Registered design protection covering the UK may be
obtained either via a UK Registered Design application
or a Community Design Registration (which covers all
European Union states). Similar protection can be
obtained in most industrialized countries.

UK and Community Registered Designs last for an initial
period of five years from the application date.
Protection is renewable for four further periods of five
years, each on payment of a maintenance fee.

Our attorneys can assist you by advising on the
registrability of designs, including what features of a
design should be registered, prosecuting applications
through to grant, in the UK, Europe and abroad and
advising on post-grant issues, such as licensing and infringement.

UNREGISTERED DESIGN RIGHT

Unregistered Design Right (UDR) is an unregistered right
similar to copyright, providing automatic protection
arising on creation of a design, and can co-exist with
Registered Designs.

The right applies to original, non-commonplace designs
and protects the shape or configuration of articles
encompassing the design. It is not a monopoly right, but
rather a right to prevent copying by others.

UK unregistered design right lasts for 10 years after the
date on which articles made to the design are first
marketed. An equivalent European right also exists, but
lasts for only 3 years from the design being made
available to the public.

Our team understands the vital part which is played by
obtaining and maintaining valid patent protection
and we can assist you in building a patent portfolio
which fits within a long-term business strategy.

Link to our Design Attorneys