Home > Reading Room > When is a Registered Design Novel

When is a Registered Design Novel

Written by Michael Coyle on 22 February 2007

« Return to Reading Room

The novelty of the design resides in the features of shape or configuration applied to the article as shown in the representations which are filed at the time of the application. 

A design may be registered only if it is "new" (see section 1(2)). By section 1(4):

A design shall not be regarded as new for the purposes of this Act if it is the same as a design—

(a) registered in respect of the same or any other article in pursuance of a prior application, or  

(b) published in the United Kingdom in respect of the same or any other article before the date of
the application, or  

if it differs from such a design only in immaterial details or in features which are variants commonly used in the trade.

The onus is on the person who attacks the validity of the registration of a design.

Validity

You can challenge the validity of a registration on two grounds, lack of novelty and an allegation that the design covers a method or principle of construction.

Section 1 of the Registered Designs Act 1949 as amended by the Copyright Designs and Patents Act 1988, reads as follows:

In this Act "design" means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include-- 

(a) a method or principle of construction, or

(b) features of shape or configuration of an article which—

(i) are dictated solely by the function which the article has to perform, or

(ii) are dependent upon the appearance of another article of which the article is intended by the author of the design to form an integral part

A design may be registered only if it is "new" (see section 1(2)). By section 1(4): 

A design shall not be regarded as new for the purposes of this Act if it is the same as a design—

(a) registered in respect of the same or any other article in pursuance of a prior application, or

(b) published in the United Kingdom in respect of the same or any other article before the date of the application, or

 

if it differs from such a design only in immaterial details or in features which are variants commonly used in the trade.

The onus is on the person who attacks the validity of the registration of a design.

If you'd like to know more about this article please send an email to Unknown quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

Want to speak
to someone?

Complete the form below and we’ll call you back free of charge.

Visual Captcha