Designs Flashcards
What is the main difference between registered and unregistered designs?
Registered designs do not need to proof copying
What does ‘design’ mean?
A ‘design’ means the appearance of the whole or a part of a product, arising from such features as lines, contours, colours, shape, texture, or materials of the product or its ornamentation.
Can a computer program interface have a design right?
no
Can registered designs include the olympic symbol or national flags?
No
Can each part of a product be registered as a design separately?
Yes
Do designs need to be novel?
Yes - it must differ from prior art designs by more than immaterial detailsm and its overall impression on an informed user must differ from the overall impression of any prior art design - taking into account the degree of freedom available in creating the design.
For a product forming part of a complex product, how should the novelty and individual character be assessed?
The novelty and character of what is visible during normal use - by the end user, not maintenance, service, repair etc.
Is novelty w.r.t designs absolute?
No - it excludes materials that could not have reasonably become known to EEA businesses in the relevant specialist dector.
Is there novelty unpublished prior art w.r.t to designs?
A design must be new and have individual character over existing UK or community registered design applications (which may not have been published at the start of the present application).
How is ‘individual character’ w.r.t designs determined?
By the overall impression of the ‘informed user’. The informed user is someone experienced with the products in question and with the designs and relevant design constraints in the field. More like the ‘skilled person’ in patents than the ‘average consumer’ in trade marks.
What are the statutory exclusions to Designs?
- Designs dictated by technical function
- a right in a registered design does not subsist in those features of a product whose appearance are soley dictated by the product’s technical function.
- a registered design does not protect those features required in order to connect to or to fit (i.e. to place in, around or against) another product so that either may perform its function….except in the case of features enabling mutually interchangeable (modular) systems.
- One cannot register a design that is contrary to public policy or morality.
A registered design does not protect those features required in order to connect to or to fit (i.e. to place in, around or against) another product so that either may perform its function, except when?
Except in the case of features enabling mutually interchangeable (modular) systems.
Can a registered design protect how an exhaust fits into a car?
no - ‘must fit’ exclusion, which typically applies to the points of fixture of one object to another object for functional purposes.
Is there a grace period for designs?
A design is not considered disclosed to the public if:
it was disclosed in confidence;
it was disclosed by the designer or by anyone given, entitled to or abusing information from the designer within 12 months prior to the application or priority date.
What are the length of the grace periods for designs in UK, EU and the US?
12 months
What are the length of the grace periods for designs in Japan, Australia, India and Korea?
6 months
Does China have a grace period for designs?
No
If utilising a grace period, can one rely on a priority date within that grace period?
No, it is advisable to file a direct application each country possible if utilising a grace period, rather than rely on a priority filing.
Do grace periods apply to third party disclosure and design applications/registrations?
No - it is advisable to file an application as soon as possible rather than wait until the end of a grace period.
Do secrecy provisions apply to designs?
Yes.
Who owns a design?
The author (creator) unless it was created by an employee in the course of their employment, in which case the employer is the owner.
Ownership can be assigned or shared.
For computer generated designs, the person making the arrangements necessary to give rise to the design is deemed to be the author.
In the case of a commissioned work, who is the owner of a design by default?
The author - clearly, however, a commissioning contract can still assign ownership of the commissioned work to the commissioner.
When is the date of registration of a design not the date on which the UK application is deemed to be made?
1) if this is due to splitting an initial application or validly amending the design to satisfy registration requirements such that a new application is filed, the date of registration of the new application is the date of the initial UK application.
2) if there is a priority claim then the reg date is still filing date of UK app. (same as patents - term runs from filing not priority date)
How can money be saved when filing Designs?
Can file up to 50 applications together which do not have to be related.