Designs Flashcards
What is a design (UK)
Appearance of the whole or parr of a product arising from such features such as lines, contours, colours, shape, texture, or materials of the product or its ornamentation
What is novelty (UK designs)
Designs differs from prior art by kore than immaterial details
Prior art is any design disclosed priority to applciation/priority date unless this would not reasonably become known in the normal course of business in the UK or the EEA in the specialist sector of the design or it was disclosed in confidence or by the designer or anyone given, entitled to or abusing information from the designer within 12 months prior to the application or priority date
What is individual character (UK designs)
A different overall impression on an informed user, taking into account the degree of freedom available in creating the design
How do you asses a complex product for novelty and individual character
It is the novelty and individual character of what is visible during normal use by the end user, not including servicing, repair or maintenance
What are exclusions for registered designs
Designs dictated solely by technical function
Must fit (except for mutually interchangeable or modular systems)
Contrary to public policy or morality
What are exclusions for registered designs
Designs dictated solely by technical function
Must fit (except for mutually interchangeable or modular systems)
Contrary to public policy or morality
Who is the proprietor of a design
The author/creative unless created by an employee in the course of employment in which case the employer is the proprietor
For computer generated designs, the person making the necessary arrangements to give rise to the design is the author
Who can apply for the registration of a design
In an unregistered design right also exists then must be the unregistered design owner
When is the registration date?
Filing date (even if priority is claimed)
Filing date of parent application if application is subsequently split
