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Sometimes the success or failure of a product depends not only on how it works, but on what it looks like. The outward shape or decorative appearance of a product can also be protected, either by:

  • ? relying on the automatic protection of design right (a bit like copyright), or by
  • ? registering the design, by applying to the Patent Office. This gives stronger protection but not all designs can be registered – and it takes time and money to register.

WHAT PROTECTION DOES DESIGN RIGHT GIVE YOU?

Design right means someone else cannot copy the shape or configuration of an article if it is an original, non-commonplace design. Design right does not apply, for example, to items like wallpapers or textiles (but these may still be protected by copyright and you may be able to register them).

Design right protection lasts for the shorter of:

? ten years from the end of the year in which you first start selling articles made to the design, or

? fifteen years from the end of the year in which you created the design.

You have an exclusive right for the first five years after you start selling the articles, and in the remaining five years others can obtain a license to the design – but your don’t have to hand over drawings or know-how.

The limits to design right are that:

? something you design to fit or match an article designed by someone else won’t get protection

? design right protection applies in the UK only.

WHAT IS A REGISTERED DESIGN?

Registering a design gives you a monopoly right for the ‘look’ of an article or set of articles manufactured from the design. The protection lasts for twenty-five years, but you must renew it every five years.

You can’t register a design either if the outward appearance of the article is not important or if the shape of the article is determined by the shape of another item. And the design must be ‘new’, otherwise registration won’t be granted. For this reason, it is important to keep the details of the design secret before you register; if you have not done so, it will not count as new.

Registration gives protection in the UK; some countries accept registration as equivalent to an independent registration in their country. In other countries, UK registration will be accepted as establishing a ‘priority’ date for a local application.

WHAT DOES IT COST?

If you are registering the pattern of an article made substantially of lace or a textile design which consists of checks and stripes, the fee is ?35. For all other single items, the fee is ?60. You can register the design of a set of items for ?90. To count as a set, each item must basically be a variant of the other – for example, a three piece suite would usually count as a set; a teaset could count as a set if you wanted just to register the pattern used on all the items, but if you wanted to register the shape of the items too, you would need to register separately the cup, the teapot, the creamer and the jug.

A GUIDE TO REGISTRATION OF A DESIGN

1. Keep mum about you design, except in confidence to a patent agent.

2. Tell the Designs Registry what the design is and what is going to be made from it. You must do this with a copy of the design, for example, a drawing or a photograph, in accordance with the rules laid down by the Designs Registry. Remember to send the required fee.

3. The Registry carries out searches and assesses whether the design is original and new. If it is, registration is granted.

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