Strategies for Design Patent Applications in United Kingdom

Guide for Design Application in United Kingdom

In design patent applications, the UKIPO adopts a strategy of conducting only formal examinations, which means efficiency for applicants but also necessitates early completion of applications. The UKIPO does not conduct substantive examinations; it only approves the superficial form of the application documents, making the entire process streamlined. Before submitting a design patent application, applicants are advised to request a search, which costs £24. Although this step is optional, it can help applicants better understand the uniqueness of their current design, thereby increasing the likelihood of a successful application.

Authority:

• UK Intellectual Property Office, UKIPO, www.gov.uk

Required Documents: 

• Design images / pictures (7 views)
• Brief description (in English)
• Inventor’s declaration
• Scanned copy of priority document (DAS unavailable)
• Statement of Ownership / Employment Certificate / Assignment 

Terms: 

• Initial protect 5 years, renewable up to 4 times, for a maximum of 25 years.

Due Date: 

• Paris Convention / Hague Agreement: Within 6 months from the earliest priority date

Process & Procedure: 

The UKIPO conducts formal examination only for design applications. The applicant may request a search prior to filing, with an official fee of GBP 24. Up to 12 images or photographs may be included in a single design application, and they must comply with UK design image requirements. Fees depend on the number of designs, not the number of images.

Following receipt of the design application, the UKIPO will conduct a formal examination within 2 weeks. The applicant must respond to any formal defects within 2 months of the notification date (extendable once). If no unrectifiable defects are found, the design will be granted and published.

The applicant may request deferred publication, up to 12 months. During the deferment, the design will not be protected as a granted design.

Accepted image formats: photographs, line drawings, Computer-Aided Design (CAD), or CAD renderings — provided they show a clear visual representation of the design.

• All images must be of the same type — e.g., all line drawings or all photographs.
• The design must be shown on a plain background.
• To register a pattern, the full pattern must be shown and how it repeats must be indicated.
• Only the article necessary to show the design may be included.
• Images must be clear, with no details obscured by shadows or reflections, and must not contain text, measurements, or technical information.
• Colour or tonal contrast, if shown, will be deemed part of the design, unless expressly disclaimed.
• If an image contains elements not intended for protection, the applicant must identify the protected scope via a “disclaimer”, e.g., grey-out, outline, or explanatory note.
  • Examples:
    • Example 1: If the applicant seeks protection only for the table legs, but the image shows the entire table, the legs must be outlined to clearly indicate the protected scope.
    • Example 2: If registering the shape of a bicycle, but the bicycle is shown in pink, indicate that the protection is for the shape only, not the color — to preserve the right to any color.
    • Example 3: If registering the shape of a teapot, but a decorative pattern is shown, include a note that the pattern is not part of the design to be protected.

Grace Period for Novelty:

• 12-month grace period prior to the filing date / priority date.

Grant and Renewal Fees:

• No grant fee.
• Renewal is required every 5 years, and must be filed within 6 months before or 1 month after the expiry date, with a grace period of 6 months for late payment.

Average Timeframes:

• 10 days

(Illustrations sourced from the UK Intellectual Property Office)