Section 1B (Part 1) Flashcards
What are the two requirements for a design to be registered?
I) Must be novel
Ii) must have individual character.
What is novelty?
Differs from prior art designs by more than immaterial details
What is individual character?
Its overall impression on the informed user differs from the overall impression of prior art designs, taking into account degree of freedom available in creating the design.
How is novelty and individual character assessed for complex products?
Consider the components that are visible during normal use.
With regard to a complex product, what is normal use?
Parts visible to end user-not parts visible during maintenance, servicing or repair work.
What is novelty judged against for design rights?
Anything, Includes existing published designs registered in all Locarno classes (see green lane v pmsl international)
Is novelty absolute?
No, excludes materials that could not have reasonably become known to EEA businesses in the relevant specialist sector
Are UK or community designs taken into account when assessing whether a design is registrable?
Yes, the design must be new and have individual character over existing uk and community design applications-published or unpublished.
Who is the informed user?
Someone experienced with the products in question and designs and design constraints in field.
What is a complex product?
Composed of at least two replaceable component parts permitting assembly and reassembly of the product. E.g. Indicators are user-removable parts and serviceable components and consumable components.
