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Non UK DesignsIn European Countries there is a European Regulation that enables one to file a single Application to register a Design in all of the European Countries. This is explained in our page on European Registered Designs.In many other countries outside Europe it is possible to protect the appearance of articles in a similar way to that in the UK but by filing Registered Design applications, Patent applications, or protection often referred to as utility models or “petty patents”. The maximum period of protection varies from country to country but is usually 20 years to 25 years.Most foreign Patent Offices require payment of periodic renewal fees (usually annually, although in some countries every five years) to maintain the granted foreign design patent in force. In addition, some countries or regions require payment of maintenance fees on pending design applications. Priority datesThere is an International Convention to which most of the countries of the world belong, that recognises the first filed design application as creating a "Priority Date". Under this convention, providing that one files a foreign patent application WITHIN 6 MONTHS of the date of a first filed application, each country belonging to the International Convention will treat any application filed in their country as if it had been filed in their country on the date that you filed your first filed application.Put another way, a patent application first filed in the UK generates a "UK filing date" and subsequent applications for a foreign design application filed on, or before, six months of the UK filing date will be entitled to claim the benefit of the UK filing date.Since publication of the granted design patents can take place shortly after filing the application (in some countries within three months) and would effectively prevent filing further design applications it is important to make full use of the International convention and file within the six month period.What can be protected?Generally speaking registered designs or design patents protect the appearance of articles, and not the method of construction or functional features of the article. Features of appearance that are dictated solely by function are not registerable. Furthermore, features of a product that enable the product to fit against another product so called ("must fit" features) may not be registerable. Unregistered Design Rights In a few countries a similar unregistered protection to that of unregistered Design Right that one gets in the UK or Europe can be obtained. However it is not safe to rely on this instead of filing Registered Design Applications, because this form of protection often falls within the country’s copyright law rather than any specific Design law and in some countries copyright may not extend to industrially applied designs. The situation is complex throughout the world so if you need specific advice please contact us.Filing a first Patent application in the UK generates a "UK filing date" from which runs a "priority year" (see procedures sheet entitled "UK Patents"). An application for a foreign Patent by whichever routs should be filed on or before the first anniversary of the UK filing date to claim the benefit of the UK filing date. When filing a Registered Design Application, one can delay publication of the Design by up to 3 years on payment of a fee, and thereby obtain slightly longer protection of the unregistered Design Rights in European Countries because the Unregistered Design Right runs from publication of the Registered Design.For further information Click Here
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NORTEL Sells patents for $2.8bn 25th July 2011- EPO to Push ahead with IPR Reforms
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Central England Patent & Trademark Attorneys Limited Chartered Patent Attorneys, European Patent Attorneys, and British & European Trade Mark Attorneys. Registered in England Company No 7930428
© Central England Patent & Trademark Attorneys Ltd 2010.
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