When should a registered design be sought instead of a patent and what’s the difference?
Once granted, what does a registered design allow the owner to do?
A registered design is protection given to the outward appearance of a product or part of product.
The shape or appearance of a product is often what is most easily recognised by a customer. Registering a design prevents it being used by someone else for their product.
A patent can only be used to protect the function of a product, whereas a design is used to protect how the product looks. Designs should be used to protect products that have a new look and can be filed in conjunction with patent applications if the product also has a new function.
Any product or part of a product that is new and has “individual character”. Both 2D and 3D designs can be registered.
A design that has been available to the public within the EU for more than a year is no longer considered new and thus cannot be registered.
A registered design allows the owner to prevent others from using the same or similar design for their product.
Patent or trade mark attorneys can help an applicant file a registered design.
A registered design can last up to 25 years from the date of filing if renewal fees are paid every five years.
See also our flyer on registered designs within our IP Resources section.
“Covidien's Imaging Solutions business chooses to utilise Withers & Rogers' intellectual property services as they demonstrate a high level of competence with regard to our products and related technologies. Furthermore, they have a proven record of zealously advocating Covidien's legal position at the European Patent Office.”
Kenneth D. Goetz, Vice President, Intellectual Property - Imaging Solutions, Covidien