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IP in the UK.doc
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How is a design registered in the uk?

The owner of the design must apply to the Designs Registry at the Patent Office, providing representations of the design, an application form and a filing fee. The Registry make a search, mainly through previously registered designs, to determine if the particular design is ‘new’. If it is and formal requirements are also met, a Certificate of Registration is issued. Otherwise registration is refused, against which there is right of appeal.

CAN MODIFICATIONS BE REGISTERED?

Yes. Further application may be made either to register a modified version of a previously registered design, or to obtain further registration of a previously registered design so as to apply it to a different type of article to that covered by the original registration.

HOW LONG DOES REGISTRATION TAKE?

Registration should normally be completed within six months, although a total of twelve months (extendable to fifteen) is allowed for an application to be put in order.

WHAT WILL THE PATENT OFFICE CHARGE ME?

The Patent Office charges fees for processing applications, and in most cases this need only be the filing fee. If you wish to keep the registration in force after the initial 5-year registration period, fees have to be paid for each succeeding 5-year term. A full list of current design fees can be obtained from the Designs Registry at the Patent Office.

IS TIMING OF AN APPLICATION IMPORTANT?

Yes. Early filing of an application establishes your ‘priority’ over others, but it may be commercially desirable to delay your application.

DOES A UK REGISTRATION GIVE

PROTECTION ABROAD?

No. A UK registered design is effective only in the United Kingdom and the Isle of Man. However, some countries accept registration of a design in the UK as equivalent to an independent registration in the countries concerned. Otherwise the UK application can be used to establish a ‘priority’ date for a separate application made in a foreign country.

CAN THE PATENT OFFICE HELP

EXPLOIT A REGISTERED DESIGN?

No. The Patent Office cannot provide any financial or other support since this would conflict with the role of the Designs Registry as an impartial regulatory body for the registration of industrial designs. But there are organisations throughout the UK which will assist in exploiting designs with commercial potential.

CAN I TELL ANYONE ABOUT MY DESIGN?

Any time after the application has been filed. Before that date extreme care is needed to ensure that the design is not made available or disclosed to the public in any way whatsoever — otherwise, although registration might be obtainable, it may later be proved invalid. If disclosure to another party is necessary before filing of an application, then this should be clearly made in the strictest confidence.

Are registered designs made public?

Once registered, designs are laid open to public inspection at the Patent Office. In addition, registration details, but not the design itself, are recorded in the Register of Designs (which may be consulted by any member of the public) and published in the Official Journal (Patents).

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