Design protection: what you need to know as a patent attorney
The look of a product can be as important, if not more, than the function of the product itself. A handbag, for example, might be chosen primarily for its trendy pattern rather than its capacity for carrying goods. The same could be said for a wide range of products including cars, clothing and technical instruments.
In the same way that mechanical and functional inventions need a patent to protect them from illegitimate copying, aesthetic features also need protection. Design protection prevents competitors from replicating the design as well as enabling the designer to license it out to third parties to make a profit.
Defining design
Design is quite a loose term so the European Union has found a number of ways to define it. A design is the appearance of a product (either as a whole or in part) made up from features such as colour, shape, texture, lines or materials. It might be two-dimensional or three-dimensional and could include logos, typefaces and packaging.
Three types of protection
There are a number of ways to protect a design: copyright, design right and design registration. Copyright protects the work from unauthorised copying and generally applies to two-dimensional designs. Design right is an automatic type of protection for three-dimensional designs and only provides protection for a limited period.
Design registration covers the appearance of both two-dimensional and three-dimensional designs and must be filed at the Designs Registry, which is part of the UK Intellectual Property Office. A design registration gives the designer a monopoly protection, preventing the design from others copying it, whether or not they do so knowingly. Applying for design registration and ensuring that it is maintained can be a difficult business so most people appoint a patent attorney to do this for them.
Application for design protection
The application usually consists of drawings or photographs that demonstrate all aspects of the design. The design must be individual and brand new to the market. The patent attorney will then carry out an examination and assess any official objections to the registration. If all of this goes to plan without any significant objections then the registration is usually obtained within a few months. Registration lasts for five years and can be renewed for up to 25 years. Once this protection is in place, anyone who evokes the same overall impression as the design, for manufacture or commercial use, is liable to be sued for infringement.
Patent attorneys
Patent attorneys (or agents) are responsible for advising on the potential registration of new designs, preparing the demonstrated images of the design, handling and filing design registration, defending the designer’s rights and negotiating third party contracts. They have to provide design research to accompany the application, demonstrating that the design is new and independent of any currently registered designs.
By gaining a qualification with the Chartered Institute of Patent Attorneys you will be able to advise on all aspects of design, as well as industrial copyright, patents and trade marks, in the UK. You could also gain the necessary skills to obtain protection for clients wishing to protect their product globally.
