A Design includes the appearance, physical shape, configuration and decoration. A design should be registered to stop people from copying or stealing it. For a design to be registered it must have the following features: · It must be new. · It should not be offensive. · It should be your own intellectual property. · It should not use any protected flags or emblems.
Design Search
You should conduct design search in the following registers to check if your design is unique: · UK registered designs · EU Intellectual Property Office · World Intellectual Property Organisation You can request the Intellectual Property Office to conduct the search for you for a prescribed fee.
Prepare Illustrations
· The design should be shown as it appears to the eye. Photographs, line drawings, Computer-aided design should be used. · The design should be shown against a plain background and no features should be hidden. · It should not contain texts, measurements, or other technical information. · It should not contain more than one view of the design. · In case you want to register a surface pattern, you should include the complete pattern and show how the pattern repeats. · You can include upto 12 illustrations if you’re applying online with one view per file. If you want to include more than 12 illustrations, you may apply by post.
Register a Design
You can register your design both online and through the post. After you’ve sent the application form and your prepared illustrations to the Intellectual Property Office, your application will be examined within 40 days. If there are no objections and you have not deferred your registration, your design will be registered. If there are objections you have 2 months to respond. You can request a hearing if you disagree with the decision about your application or if your application has been dealt with unfairly.
Filing the Design application
To file an application, drawings and photographs showing all the features of a design are required. The full name, address and nationality of the applicant is required, a description or name of the article to which the design is applied, details of any application from which the applicant wants to claim priority. The applicant may also include a brief explanation of the design in the application and on filing the application should pay the necessary fees.
Design Renewal
A design should be renewed every 5 years up to a maximum period of 25 years. You can renew your design both online and through post with prescribed fees. If you do not renew 6 months before the renewal date or within 1 month after the renewal date, then you’ll need to pay late payment fees. A late renewal can be made up to 6 months after the renewal date by paying the necessary late fees. If however you also miss the 6 month deadline for late renewal, you have an extra 6 month period to restore your design along with a written explanation for missing the deadline.
