Detailed Information About Designs Important Disclaimer Definition Some countries classify designs as patents and some have separate "registered design" systems. Both systems have the same overall effect of registering the designs of industrial products. The registered design system originated in the UK and is used in most common law countries (countries that use a UK style legal system). Design patents or design registrations cover the external design of a product. That is, they cover only the way a product looks, and not the way a product works. Designs also cover patterns as applied to products. Not all designs are registrable. Registrability In many countries, designs of products must be whole products in order to be registrable and not parts of products. If the new design feature(s) of a product are only in one part of the product, this can usually be mentioned in a "statement of novelty" or a "supporting statement", but the product must be shown in full. A requirement that a design "create an aesthetic impression" exists in the laws of most countries, usually in the form of a requirement that designs must have "eye appeal" and may not be "dictated solely by function". This means that the designs of engineering parts, for example, may not be protectable by design registrations. The new Registered Community Design laws do not contain such restrictions, however. Standard Registered Design or Design Patent Format Design registrations are made up of a series of drawings, these being various views of a product from different angles. It is recommended that sample registered designs (or design patents) be obtained before reading further, as referring to actual design registrations will assist you in understanding the below description of standard design patent features. Design registrations may be perused at any local Patent Office and some Patent Offices have or will have a limited number of design registrations viewable on line. In general, top, bottom, left side, right side, front, back and "perspective" (three dimensional) views of a product design are all required. Other views can sometimes be included depending on the nature of the product involved (for example, open and closed views for a product which has moveable parts). There are strict rules regarding presentation of the drawings (or "representations" as they are sometimes known) and these need to be prepared by a draftsperson. Engineering drawings are seldom acceptable. A title of the product to which the design is to be applied is usually required (but not for Registered Community Designs) and it is important that this is not too narrow as it could affect the resulting registered design rights. A statement of novelty is also usually required stating whether the new features of the design lie in the shape and configuration of the product or in the pattern or ornament as applied to the product shown in the drawings. Some countries have instead of a statement of novelty a supporting statement describing special features of the design concerned. In some design patents, claims similar in form, but not in content, to those used in patent specifications are included. These need to be chosen carefully so as to avoid limiting the scope of protection obtained. Statements of novelty are neither required nor permitted in Registered Community Designs. Filing, Examination and Grant Once the design drawings and supporting documents have been prepared, an application must be filed in a Patent Office for the grant of a registration certificate, which is issued by the Government concerned. Registration certificates are not issued automatically, however. First, the relevant Patent Office or rather the design examiners working in the Patent Office, must check the design application and ensure that it complies with the laws of their country. In many countries only a "preliminary examination" is conducted in which the application documents and fees (and sometimes some other aspects of the application depending on the country) are checked for completeness and compliance with the relevant Law and Regulations. In most countries preliminary examination is completed promptly, within a month or so of filing the application. Only a few countries now conduct a "substantive examination" of design applications where a search through existing records is conducted to try to determine whether the design is new or not. Searching for earlier designs is much more difficult than searching for inventions as it is necessary to physically view all the earlier designs. If the Patent Office finds any problems with a design application, they notify the applicants or, more usually, their patent attorneys. The patent attorneys must assess the objections and must either make the changes requested by the examiner or, if they disagree with the examiner, argue their clients' position with the Patent Office concerned. This process of corresponding (more akin to negotiating) with a Patent Office is called " design prosecution" and can take some time. The time taken and the number of letters issued by the Patent Office differs from country to country and case to case. Once any objections to the grant of a design patent have been dealt with, a Registration Certificate issues. This gives the applicants, or anyone they may sell the design to, the right to exclusive use of the design for a fixed period from the date the application for a design registration was filed in the relevant Patent Office. The period of design protection varies from country to country. The UK and Hong Kong offer 25 years protection. Singapore offers 15 years, whereas the US offers 14 years and China 10 years. If the objections cannot be dealt with, the application will be refused and no Certificate will issue. The applicants will have no registered rights in the design concerned. Since the design application has already been prepared and an examination has been undertaken, it is not possible to obtain any refund from the Patent Office or from patent attorneys if this occurs, and it is therefore wise to have a patent attorney do their own pre-filing assessment of whether a design is likely to be registrable. This may include a search of the relevant records to try to determine in advance whether or not a design is new. Contact us to file a design application. Intellectual Property FAQ Disclaimer IMPORTANT - Please read this disclaimer carefully as it concerns your rights. The Intellectual Property FAQ are intended to provide general information only and not advice with regard to specific cases. The information given is non-exhaustive. Furthermore the relevant law and its interpretation is liable to change and may vary from country to country. You should contact us for advice specific to your own situation. Whilst every effort has been made to ensure the accuracy of the information, no responsibility can be accepted by any member (firm or individual) of the Lloyd Wise Group for any inaccuracies or omissions, however caused therein. Nor can any responsibility be accepted for any loss or damage to any company or person as a result of actions taken or not taken on the basis of the Intellectual Property FAQ.