What can be registered?

Registrable designs include designs which are not purely functional and which have not been previously applied to any manufactured article. There are a few articles specifically exempt from design registration.

For a design to be registrable it must be novel. It is therefore important to avoid disclosure of the design before a design application is filed. Non-confidential disclosure includes such things as offers for sale, advertising, use or display of the article. There are some exceptions and we can advise whether these apply to you.

A design registration should protect the design of a product in the form in which it is marketed. Therefore you should not file a design application until you have developed the design of the article to a stage where it is ready for production and marketing.

In some circumstances a single design application can be used to gain protection for more than one product.

We encourage our clients to consult us early to ensure the timing of a design application is most advantageous to their situation.

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