PROFESSIONAL SERVICE
PROTECT YOUR INNOVATIVE PRODUCTS
Registering designs – the looks, aesthetics, visual impression – is a great way to protect your innovative products. Many designs can be covered in the same application and we can identify how to take advantage of the flexible filing options. The registration certificate can be issued within months, so there is less waiting than with other types of IP.
We will help you use design registration to supplement the shield around your products. And cost-wise this might be the best value way to keep the competition from copying your carefully crafted design work. Often patent and design protection can be used together and we can investigate and advise on the best combination.
Our Specialist Design Attorneys
Recent design projects we have worked on include a motorcycle helmet, an anti-snoring device, a toilet seat, a beer dispenser, a wine cooler and a road-safety device. The looks of almost everything can appeal to the eye. Better to ask whether your product qualifies for potential design protection – the answer may well be it does, and the protection may be invaluable!
Recent Insights
Read the latest insights from the Schlich team reporting recent cases and updates to design law.
EU Design Law is Changing: First Significant Divergence in UK and EU IP Law Since Brexit
Since the UK left the European Union in 2020, neither the UK nor the EU has made any significant changes to its IP legislation, and thus IP laws on both sides of the English Channel have remained primarily in alignment ever since. However, a new EU Regulation and a new EU Directive governing design rights across the EU Member States have recently been introduced, which will not directly affect the corresponding provisions of UK design law. This change therefore marks the first significant divergence in IP legislation post-Brexit.
What is Obvious about a US Design Patent?
There are significant differences in the requirements for registration of a design right in the US versus the UK and Europe. A recent en banc decision by the US Federal Circuit in LKQ v. GM Global Tech. Operations has widened those divisions still further.
Cross Priority Rights
The CJEU’s recent judgement makes it clear that cross-priority claims are not allowed in general and priority claims are only applicable for intellectual property in the same category.
UK Address for Service Required for EU-based Comparable Trade Mark and Design Registrations
When the UK left the European Union, the UKIPO granted comparable UK rights for all existing EU trade mark and design registrations. No UK address for service was required for a period of 3 years from the date of the UK’s departure from the EU. However, the end of this 3-year period is approaching and rights holders are strongly advised to appoint a UK address for service by 1 January 2024.
Can vacuum cleaner bags be protected by design registration?
The Board of Appeal of the EUIPO has concluded that vacuum clear bags are entitled to design protection and are not excluded as complex products. This decision seems to confirm that consumable products are eligible for design protection.
Changes to Australian Design Law
Overview Although there are many similarities between Australian design law and that in the EU, the Australian system (“The Commonwealth of Australia’s Designs Act 2003”) has been somewhat outdated in comparison. For example: No grace period was available to designers. No prior user exemption to infringement was available. No right of an exclusive licensee to […]
Registering Designs in China
Partial Designs Previously, Chinese design law excluded the protection of partial designs, i.e. portions of a product that cannot be partitioned or sold and used independently. Instead, designs could only be registered for the appearance of a product in its entirety. However, the registration of partial designs will be allowed in China after 1 June […]
Is Your IP Ready For Brexit?
A summary of the changes for 2021 and key points for right holders to note are provided below. Patents and Supplementary Protection Certificates (SPCs) The UK’s membership of the European Patent Convention and the ability for UK attorneys to represent clients before the European Patent Office is unchanged. Business as usual here! Supplementary Protection Certificates […]
Get in touch
Our team of UK and European Patent Attorneys and Chartered Trade Mark Attorneys are highly knowledgeable and experienced in assisting clients with all aspects of their IP needs.
Contact us now to find out more about how we could help you and your business.
