The Benefits of Design Registration


A Design Registration is an application that protects the configuration, pattern or ornamentation of a product or service. This article describes the benefits of this patent alternative. It is also better than a patent because it lasts for up to 14 years and does not have any enforceable limitations until certified by the Designs Office. Nonetheless, registering your design may cost you as much as $1,500. To avoid legal complications, you may wish to consider registering your design as soon as possible.

Protects the shape, configuration, pattern or ornamentation of a product

A registered design is a distinctive visual appearance of a product. Kings Patent & Trade Marks Attorneys have expertise in the design registration process and ensure that your products have a distinctive look and feel. A registered design is an effective way to protect a product’s shape, configuration, pattern, ornamentation, and/or pattern, and gives its owner the legal right to exclude others from unauthorized commercialisation of it. It is applicable to both handmade and manufactured products.

Registration of a design grants a limited period of exclusivity for the owner of the registered design. Moreover, a design may be protected under the copyright laws in addition to the unregistered design right. In Australia, an initial design registration may last for five years, but can be renewed for an additional five years. Furthermore, it can be renewed as many times as required.
Is more relevant than a patent

There are several important considerations when deciding whether to apply for design registration or for a patent. While the benefits of a patent are obvious, some disadvantages may not be immediately apparent. A design registration can be more effective than a patent, as it provides more immediate protection and can be filed sooner. Patents, on the other hand, must be applied for only after the design has been fully developed. Design registration is relatively simple and inexpensive in both the United Kingdom and the EU. The Intellectual Property Office aims to examine design registration applications within two weeks of filing, making them more efficient than patents.

Lasts for up to 14 years

Registering your design will grant you exclusive right to use the image or design in its entirety for a limited period. This additional protection is not the same as copyright protection, but a registered design is valuable. Design registration lasts for up to 14 years from the date of application and can be renewed for up to 25 years. It is important to note that your registration will expire after the initial period ends, so it’s best to plan ahead.

In the United States, design registration will protect your original design for up to 14 years. In the UK and Europe, however, design registration will last up to twenty-five years. There are no maintenance fees for the duration of a design patent. In the United States, you can also register your design under the Hague System, which lasts up to 15 years. This method of protection is legal and will give you a legal, exclusive right to sell or manufacture the design.
Is not enforceable until certified by the Designs Office

Once a design has been registered, it has an exclusive right for ten years from the date of registration or the priority date, whichever is later. The owner of a design may apply for an extension for an additional five years upon filing a Form-3 application along with the prescribed fees. A design may still be subject to infringement proceedings even if it has been registered for a longer period.

When an applicant files for a design registration with the CIPO, a first person has the exclusive right to register the design. This applies regardless of when the design was created, and prevents others from getting registered with the same or substantially similar design. However, if a design is not able to be registered, it will not be enforceable until certified by the Designs Office. Once the registration is certified by the Designs Office, the owner is able to enforce the design against others.

Does not protect literary or artistic work

Unlike patents, which protect an author’s literary or artistic work, design registration does not provide any protection for novel designs, musical compositions, or computer software. While design registration gives the owner monopoly over visual elements of the design, copyright rights protect the content of a work. Circuit layout, for example, is not a work of literary or artistic craftsmanship. However, it may be an example of an industrial design.