UK Patent & Design Applications

A community design under the European Community Design Regulation provides uniform protection for designs with uniform effect throughout the entire territory of the European Union. Community designs can be registered to provide long term absolute protection against use of the design. Unregistered community designs provide short term protection against copying only.

The major advantage of a Community Design application is that it can be much more cost effective than filing and prosecuting several national applications. It is also possible to include multiple designs in one application subject to reduced official fees so that alternatives and prototypes can be included in the application in case they are chosen for commercialization. Our EU team files and prosecutes community design applications at the Office for the European Union Intellectual Property Office (EUIPO). Get in touch with our IP specialists here.

Appearance of the whole or part of a product. A product means any industrial or handcraft item, including parts of a more complex product, packaging, get-up, graphic symbols and typographic interfaces. To register a design it must be:

• Novel – differ by more than immaterial details from known designs
• Have Individual Character – produce a different overall impression on the informed user (usually end user)

A Community design provides protection in all (currently 27) countries of the European Union. Note that the United Kingdom is not longer part of the EU and a European community design no longer covers the UK. Separate design protection in the UK, a separate UK design must be filed before the UKIPO. Our UK team files and prosecutes UK design applications – find out more.

For Design protection outside of the EU see Worldwide Design Protection.

• Unregistered Community Design – limited, short term protection (3 years from publication in EU)
• Registered Community Design – long term protection (up to 25 years)

• Unregistered Community Design – No renewal fees
• Registered Community Design – Yes, for five year periods upto maximum 25 years total

A design that has been disclosed to the public by the designer or in consequence of a disclosure made by the designer does not prevent obtaining protection provided the application for the community design is filed within 12 months of the first design disclosure.

Note that, where at all possible, an application for a community design should be filed before disclosing your design. Disclosing your design to the public can jeopardize design protection elsewhere. Furthermore, disclosures made independently of the designer will be considered for purpose of assessing novelty and individual character. It is best to file as soon as possible in case someone else files a similar design.

A single application procedure under the European Patent Convention (EPC) provides for the grant of a single European patent. After grant and following certain formalities, the European patent leads to the grant of a bundle of national patents and/or a Unitary Patent (covering 17 EU countries). You can decide to apply for protection in some or all of the member countries to the EPC. A European patent application can be filed and prosecuted in English.

A European patent gives the patentee the same rights as a national patent in each country for which it is granted. Anyone using the patented invention without the consent of the patentee in those countries designated will generally be infringing the patent.

A European patent protects the way that a product , machine or process works. The invention must be:

• susceptible of industrial application
• new
• involve an inventive step (must differ sufficiently from what is already known)

For protecting the way a product looks (Design), see Community Registered Design.

Potentially all member countries of the European Patent Convention (EPC). For a list of member countries, click here. Note there are countries in addition to those of the European Union that are members of the EPC. The European patent may be validated as a bundle of individual national patents in the EPC member countries and/or as aUnitary Patent having unitary effect in 17 EU countries.

20 years from filing the application, assuming the annual renewal fees are paid.

Yes, due annually starting after two years of the filing date of the European patent application. Following grant, annual fees are due in each country for any individually validated national patents. For any Unitary Patent,annual fees are dueat the Unified Patent Court. Patent(s) will lapse in those jurisdictions for which annual fees are not paid without affecting patent rights remaining in other countries.

A UK Patent is granted by the UK Intellectual Property Office for an invention. A patent owner has the exclusive right to use the invention and can take action against those using the invention in the UK without permission of the patent owner. Anyone using the patent invention in UK without consent of the patentee will generally be infringing the patent.

What can be patented?

A UK patent protects the way that a product , machine or process works. It does not protect the way an article looks (see UK Registered Design for protecting the way an article looks).

The invention must be

• capable of being made or used in industry
• new, and
• involve an inventive step

In order for an invention to potentially involve an inventive step it must differ sufficiently from what is already known.

A UK registered design can be used to protect the way your article/product looks. It is a right to prevent others from using the registered design. This is an absolute right in that it applies even if the design has been independently created by others rather than copied. This is in contrast to UK unregistered design which can subsist automatically without registration but which is limited to preventing use of designs that have been copied.

What can be protected?

Appearance of whole or part of a product (inside and out). This may result from lines, contours, colours, shape, texture, material and/or ornamentation of your product. Computer icons, typefaces and other graphical symbols are also protectable.

The design must be

• novel (differ from prior designs by more than immaterial details); and
• poses individual character (produce different overall impression on informed user (eg. and user)
  

Protection limitations

• component parts/spare parts of complex products only registrable if remain visible during normal use of the complex product
• use of component part to repair complex product to restore to original appearance cannot be stopped
• cannot protect features which are soley dictated by the product’s technical function or required to permit product to connect to or with another product so either product can perform its function
• cannot register designs which incorporate protected emblems or third parties trademarks of copyright material

A UK patent covers Northern Ireland and the countries of Great Britain (England, Wales and Scotland) and extends to the Isle of Man. It is also possible to extend a UK patent to other jurisdictions such as Jersey, Bermuda, Gibraltar, etc. Please contact us to learn more about the required formalities. Note that a UK Patent or Registered Design does not cover the European Union (EU).

Upto 25 years. Must be renewed at five year intervals.

1. Enforcement value aside, there is significant defensive value in the patents since they can stop a competitor patenting your technology later.
2. Patents may help deter competitors from enforcing their patents against you.
3. “Patent pending” and patented technology may deter some competitor startups from pursuing the technology themselves.
4. Patents may help startups raise capital.
5. As an intangible asset on the balance sheet, they can increase company valuations.

A U.S. patent for an invention is the grant of a property right to the inventor(s), issued by the U.S. Patent and Trademark Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.

An invention cannot be patented unless the invention is:

• new
• useful, and
• unobvious

There are different types of US patents:

• Utility patents protect the way an article or process is used and works
• Design patents protect the way an article looks
• Plant patents protect asexually reproduced plants

Both utility and design patents may be obtained on an article/product, where appropriate.

Patent Coverage
USA. For protection outside of USA see Worldwide Patents & Designs.

Typically between 1 and 4 years.

U.S. utility and plant patents are granted for 20 years from the date the patent application is filed.
Design patents are granted for 14 years.

Almost every country has its own patent law and the rights granted by a U.S. patent do not apply outside of U.S. jurisdiction. To protect your invention in other countries you’ll have to apply for a patent in each of those countries or in regional patent offices such as the European Patent Office. The process can be simplified by filing an international application under the Patent Cooperation Treaty.

1. Enforcement value aside, there is significant defensive value in the patents since they can stop a competitor patenting your technology later.
2. Patents may help deter competitors from enforcing their patents against you.
3. “Patent pending” and patented technology may deter some competitor startups from pursuing the technology themselves.
4. Patents may help startups raise capital.
5. As an intangible asset on the balance sheet, they can increase company valuations.

If you disclosed your invention to the public before first filing a priority patent application covering the invention, it is not possible to obtain European patent protection. In some other foreign countries, it may still be possible. We can help you maximize protection if you have already disclosed your invention – contact us as soon as possible.

There are some situations when it is still possible to file later. Contact us to determine if filing is still possible and the implications of doing this.

Refiling of a patent application is only possible in some circumstances. Contact us to determine if you are eligible to refile and the implications of doing this.

You may still be able protect your idea in the US, typically within 12 months. In foreign jurisdictions, this will no longer be possible in some countries. You need to act as soon as possible. We can help you maximize protection – contact us.

In some situations, yes. Contact us to determine if filing is still possible and the implications of doing this.

Refiling of a patent application is possible in some circumstances. Contact us to determine if you are eligible to refile and the implications of doing this.

If you disclosed your invention to the public before first filing a priority patent application covering the invention, it is not possible to obtain UK patent protection. In some other countries, it may still be possible. We can help you maximize protection if you have already disclosed your invention – contact us as soon as possible.

A design that has been disclosed to the public by the designer or in consequence of a disclosure made by the designer will not prevent obtaining a registered design provided the application for the registered design is filed within 12 months of the first design disclosure.

Note that, where at all possible, an application for a registered design should be filed before disclosing your design. Disclosing your design to the public can jeopardize design protection elsewhere in other countries. Furthermore, disclosures made independently of the designer will be considered for purpose of assessing novelty and individual character. It is best to file as soon as possible in case someone else files a similar design first.

There are some situations when it is still possible to file later. Contact us to determine if filing is still possible and the implications of doing this.

Refiling of a patent application is only possible in some circumstances. Contact us to determine if you are eligible to refile and the implications of doing this.

A community design under the European Community Design Regulation provides uniform protection for designs with uniform effect throughout the entire territory of the European Union. Community designs can be registered to provide long term absolute protection against use of the design. Unregistered community designs provide short term protection against copying only.

The major advantage of a Community Design application is that it can be much more cost effective than filing and prosecuting several national applications. It is also possible to include multiple designs in one application subject to reduced official fees so that alternatives and prototypes can be included in the application in case they are chosen for commercialization. Our EU team files and prosecutes community design applications at the Office for the European Union Intellectual Property Office (EUIPO). Get in touch with our IP specialists here.

Appearance of the whole or part of a product. A product means any industrial or handcraft item, including parts of a more complex product, packaging, get-up, graphic symbols and typographic interfaces. To register a design it must be:

• Novel – differ by more than immaterial details from known designs
• Have Individual Character – produce a different overall impression on the informed user (usually end user)

A Community design provides protection in all (currently 27) countries of the European Union. Note that the United Kingdom is not longer part of the EU and a European community design no longer covers the UK. Separate design protection in the UK, a separate UK design must be filed before the UKIPO. Our UK team files and prosecutes UK design applications – find out more.

For Design protection outside of the EU see Worldwide Design Protection.

• Unregistered Community Design – limited, short term protection (3 years from publication in EU)
• Registered Community Design – long term protection (up to 25 years)

• Unregistered Community Design – No renewal fees
• Registered Community Design – Yes, for five year periods upto maximum 25 years total

A design that has been disclosed to the public by the designer or in consequence of a disclosure made by the designer does not prevent obtaining protection provided the application for the community design is filed within 12 months of the first design disclosure.

Note that, where at all possible, an application for a community design should be filed before disclosing your design. Disclosing your design to the public can jeopardize design protection elsewhere. Furthermore, disclosures made independently of the designer will be considered for purpose of assessing novelty and individual character. It is best to file as soon as possible in case someone else files a similar design.

A single application procedure under the European Patent Convention (EPC) provides for the grant of a single European patent. After grant and following certain formalities, the European patent leads to the grant of a bundle of national patents and/or a Unitary Patent (covering 17 EU countries). You can decide to apply for protection in some or all of the member countries to the EPC. A European patent application can be filed and prosecuted in English.

A European patent gives the patentee the same rights as a national patent in each country for which it is granted. Anyone using the patented invention without the consent of the patentee in those countries designated will generally be infringing the patent.

A European patent protects the way that a product , machine or process works. The invention must be:

• susceptible of industrial application
• new
• involve an inventive step (must differ sufficiently from what is already known)

For protecting the way a product looks (Design), see Community Registered Design.

Potentially all member countries of the European Patent Convention (EPC). For a list of member countries, click here. Note there are countries in addition to those of the European Union that are members of the EPC. The European patent may be validated as a bundle of individual national patents in the EPC member countries and/or as aUnitary Patent having unitary effect in 17 EU countries.

20 years from filing the application, assuming the annual renewal fees are paid.

Yes, due annually starting after two years of the filing date of the European patent application. Following grant, annual fees are due in each country for any individually validated national patents. For any Unitary Patent,annual fees are dueat the Unified Patent Court. Patent(s) will lapse in those jurisdictions for which annual fees are not paid without affecting patent rights remaining in other countries.

A UK Patent is granted by the UK Intellectual Property Office for an invention. A patent owner has the exclusive right to use the invention and can take action against those using the invention in the UK without permission of the patent owner. Anyone using the patent invention in UK without consent of the patentee will generally be infringing the patent.

What can be patented?

A UK patent protects the way that a product , machine or process works. It does not protect the way an article looks (see UK Registered Design for protecting the way an article looks).

The invention must be

• capable of being made or used in industry
• new, and
• involve an inventive step

In order for an invention to potentially involve an inventive step it must differ sufficiently from what is already known.

A UK registered design can be used to protect the way your article/product looks. It is a right to prevent others from using the registered design. This is an absolute right in that it applies even if the design has been independently created by others rather than copied. This is in contrast to UK unregistered design which can subsist automatically without registration but which is limited to preventing use of designs that have been copied.

What can be protected?

Appearance of whole or part of a product (inside and out). This may result from lines, contours, colours, shape, texture, material and/or ornamentation of your product. Computer icons, typefaces and other graphical symbols are also protectable.

The design must be

• novel (differ from prior designs by more than immaterial details); and
• poses individual character (produce different overall impression on informed user (eg. and user)
  

Protection limitations

• component parts/spare parts of complex products only registrable if remain visible during normal use of the complex product
• use of component part to repair complex product to restore to original appearance cannot be stopped
• cannot protect features which are soley dictated by the product’s technical function or required to permit product to connect to or with another product so either product can perform its function
• cannot register designs which incorporate protected emblems or third parties trademarks of copyright material

A UK patent covers Northern Ireland and the countries of Great Britain (England, Wales and Scotland) and extends to the Isle of Man. It is also possible to extend a UK patent to other jurisdictions such as Jersey, Bermuda, Gibraltar, etc. Please contact us to learn more about the required formalities. Note that a UK Patent or Registered Design does not cover the European Union (EU).

Upto 25 years. Must be renewed at five year intervals.

1. Enforcement value aside, there is significant defensive value in the patents since they can stop a competitor patenting your technology later.
2. Patents may help deter competitors from enforcing their patents against you.
3. “Patent pending” and patented technology may deter some competitor startups from pursuing the technology themselves.
4. Patents may help startups raise capital.
5. As an intangible asset on the balance sheet, they can increase company valuations.

A U.S. patent for an invention is the grant of a property right to the inventor(s), issued by the U.S. Patent and Trademark Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.

An invention cannot be patented unless the invention is:

• new
• useful, and
• unobvious

There are different types of US patents:

• Utility patents protect the way an article or process is used and works
• Design patents protect the way an article looks
• Plant patents protect asexually reproduced plants

Both utility and design patents may be obtained on an article/product, where appropriate.

Patent Coverage
USA. For protection outside of USA see Worldwide Patents & Designs.

Typically between 1 and 4 years.

U.S. utility and plant patents are granted for 20 years from the date the patent application is filed.
Design patents are granted for 14 years.

Almost every country has its own patent law and the rights granted by a U.S. patent do not apply outside of U.S. jurisdiction. To protect your invention in other countries you’ll have to apply for a patent in each of those countries or in regional patent offices such as the European Patent Office. The process can be simplified by filing an international application under the Patent Cooperation Treaty.

1. Enforcement value aside, there is significant defensive value in the patents since they can stop a competitor patenting your technology later.
2. Patents may help deter competitors from enforcing their patents against you.
3. “Patent pending” and patented technology may deter some competitor startups from pursuing the technology themselves.
4. Patents may help startups raise capital.
5. As an intangible asset on the balance sheet, they can increase company valuations.

If you disclosed your invention to the public before first filing a priority patent application covering the invention, it is not possible to obtain European patent protection. In some other foreign countries, it may still be possible. We can help you maximize protection if you have already disclosed your invention – contact us as soon as possible.

There are some situations when it is still possible to file later. Contact us to determine if filing is still possible and the implications of doing this.

Refiling of a patent application is only possible in some circumstances. Contact us to determine if you are eligible to refile and the implications of doing this.

You may still be able protect your idea in the US, typically within 12 months. In foreign jurisdictions, this will no longer be possible in some countries. You need to act as soon as possible. We can help you maximize protection – contact us.

In some situations, yes. Contact us to determine if filing is still possible and the implications of doing this.

Refiling of a patent application is possible in some circumstances. Contact us to determine if you are eligible to refile and the implications of doing this.

If you disclosed your invention to the public before first filing a priority patent application covering the invention, it is not possible to obtain UK patent protection. In some other countries, it may still be possible. We can help you maximize protection if you have already disclosed your invention – contact us as soon as possible.

A design that has been disclosed to the public by the designer or in consequence of a disclosure made by the designer will not prevent obtaining a registered design provided the application for the registered design is filed within 12 months of the first design disclosure.

Note that, where at all possible, an application for a registered design should be filed before disclosing your design. Disclosing your design to the public can jeopardize design protection elsewhere in other countries. Furthermore, disclosures made independently of the designer will be considered for purpose of assessing novelty and individual character. It is best to file as soon as possible in case someone else files a similar design first.

There are some situations when it is still possible to file later. Contact us to determine if filing is still possible and the implications of doing this.

Refiling of a patent application is only possible in some circumstances. Contact us to determine if you are eligible to refile and the implications of doing this.