patents & designs explained
What are Patents & Designs?
A patent protects a new, inventive and industrially-applicable invention and grants the patent proprietor the exclusive rights to exploit their invention for a fixed period. Patents can, for instance, be granted for a new product, a new component of an existing product, or a new use of an existing product. Once the patent term has expired, the invention falls into the public domain.
A typical patent example is the chemical compound for a new cleaning product.
A design protects the outward appearance of a product based on its shape, configuration, pattern and/or ornamentation and grants the registrant exclusive rights to exploit the design for a fixed period.
Registrability does not include any graphic elements applied to the product (which may be protected by trade mark registration) or the product's use, function or mechanics (which may be protected by patent registration).
The design’s features must be new and not previously disclosed to the public.
Once the design has expired, it falls into the public domain.
A typical design example is the shape and style of the new cleaning product’s bottle.
key features of Patents
TERRITORIAL
Patents are territorial and cover either a country or groups of countries.
must be new
The patent must relate to a new product, a component of an existing product, or a new use or application of an existing product.
valid for a term
Patents are valid for a maximum upper term, and in some jurisdictions are subject to the payment of annual or periodic renewal fees.
key features of designs
TERRITORIAL
Designs are territorial and cover either a country or groups of countries.
appearance focused
Designs do not offer protection for function. They protect the outward appearance of the product.
valid for a term
Designs are valid for a maximum upper term and in some jurisdictions are subject to the payment of periodic renewal fees.
Meet our patent and design experts
No matter how big or small your idea, invention or design may be, we love to help our clients recognise and protect their IP rights. This is because we are passionate about what we do and we have a proven track record of delivering a first-class service.
louise Audhlam-Gardiner
Louise is a Director in the patents and designs department.
Louise joined Lysaght in 2001 and has a wealth of experience, with over 27 years working in the IP industry. She qualified as a UK Patent Attorney in England in 2000, and as a European Patent Attorney in 2002.
Alongside Richard, she manages and develops the department to deliver a range of services to our clients. In particular, Louise provides advice on global patent filing strategies and overcoming prosecution issues. Louise is also the main contact for Supplementary Protection Certificates (“SPC”) services.
Richard stilwell
Richard is a Manager in the patents and designs department.
Richard has over 11 years of experience working in the IP industry and joined Lysaght in 2015. He became a Chartered Trade Mark Attorney in 2018.
He adds a considerable skill set to the department, where he is responsible for a wide ranging portfolio, particularly for cases in the Caribbean and Middle East. In addition, he aids the trade mark department in being a sounding board or assisting in filing requirements in complex jurisdictions.
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