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 more information read our information sheet: ‘Is my design registerable?’.
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. For more information read our information sheet: “Protecting the design of multiple products”.
We encourage our clients to consult us early to ensure the timing of a design application is most advantageous to their situation.