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.
latest patent and design news
The Intellectual Property Office based in Sana’a, Yemen has announced that trade mark rights owned by US and British companies are now invalid, and that they will no longer accept new applications. Furthermore, ongoing civil unrest has led to a de facto two-state country. To obtain trade mark, design and patent protection across the whole country, it is necessary to file applications in both Sana’a and Adan Registries.
Georgia has recently joined Morocco, the Republic of Moldova, Tunisia, and Cambodia as a “validation state” of the European Patent Office. Validating a European patent in Georgia provides patentees with a potentially attractive prospect due to the country’s strategic geographical location at the crossroads of Europe and Asia.
On 15 January 2024, some new official fees will come into force in the UAE. Inter alia, the official fees for patent annuities (which were abolished some time ago) will be reinstated, and various new fees for the examination of patent applications will be introduced.
The Kingdom of Saudi Arabia Council of Ministers has approved an amended Patent and Industrial Design Law, which entered into force on 03 October 2023. Our article addresses a number of the key points of this new law, for your convenience.
Following the approval of Jamaica’s Patents & Designs Act 2020, and becoming the 154th PCT member state, we take a look at the state of PCT national phase prosecution in Jamaica three years on.
The Industrial Design Law and Copyright Law, which were both enacted in 2019, finally came into force on 31 October 2023. This development follows the coming into effect of a new Trade Mark Law earlier this year and the Grand Opening of the Intellectual Property Office on 26 April 2023.
Tim Noel and Richard Stilwell represented Lysaght at INTA 2023 in Singapore. This gave the pair the opportunity to meet current and new clients and agents within the impressive surroundings of the city. It was a welcome return to face-to-face meetings as well as networking events throughout the busy week.
Richard Stilwell will be representing Lysaght at FICPI’s 21st Open Forum, being held in London this October. This conference is a great opportunity to take part in high-quality working sessions, as well as meet up with like-minded individuals in private practice, across all forms of IP.
Bangladesh was granted leave to delay examining applications relating to pharmaceutical and agricultural chemical products until 2033. To date, such patent applications have therefore been filed as "black box" or "mailbox" applications and then held in abeyance pending the commencement of this examination.
Montenegro will soon become the 39th member state of the European Patent Organisation, by virtue of its accession to the European Patent Convention (EPC). Its accession will take effect on 1st October 2022, and from that date, Montengro will be a full Member State of the EPC and not merely an Extension State.
On 14th July 2022, the Republic of Cabo Verde (commonly known as Cape Verde) deposited instruments of accession to the Lusaka Agreement, Banjul and Harare Protocols of ARIPO. Consequently, Cape Verde has become the 22nd contracting state to the ARIPO Agreement.
A new IP law, No. 21.355, entered into force on 9th May 2022, in which various articles of the current IP Law No. 19.039 dated 1991 and its subsequent iterations were amended. This blog details the most significant changes introduced for trademarks, patents and industrial designs.
Following the recent commencement of a recordation process for IP rights with the Kenyan Anti-Counterfeiting Authority (ACA), a deadline of 01 July 2022 has now been set for rights holders to have completed this process. Please review our article for further information.
The Government of the Republic of Iraq deposited its instrument of accession to the Patent Cooperation Treaty (PCT) on 31st January 2022.
The Government of Jamaica has announced that its new “Patents and Designs Act, 2020” is expected to come into force on 11 February 2022. Read our complete article for essential information about this new legislation.
Various amendments have recently been made to the Harare Protocol on Patents and Designs and the Implementing Regulations, which came into force on 1 January 2022. Our article has all the information you need.
It has just been announced that the new OAPI IP Laws concerning Trade Marks, Designs, Utility Models, and Geographical Indications, will enter into force on 1 January 2022. Please review our article for further information.
The Republic of Seychelles has acceded to the Harare Protocol on Patents and Industrial Designs, becoming the 21st ARIPO Member State. Please read our article for further information.
Fiji has passed into law the Trade Marks Act 2021, the Patents Act 2021, and the Designs Act 2021. Please review our article for further information.
It is anticipated that the Eurasian Patent Office will start accepting design applications from 1 June 2021, following a recent announcement. Please read our article for further information.
The UK’s membership of the PCT will be extended to include the Bailiwick of Guernsey from 23rd March 2021. Please read our article for further information.
A new “Federal Law for Protection of Industrial Property” came into force in Mexico on 5th November 2020. Please read our article for all the information you need.
The Nauru Solicitor General has just advised that, nearly a decade after their Patents Registration Act came into force, the Nauru government has finally announced the publication of its "Patents Registration (Forms and Fees) Regulations 2020". Please review our article for further information.
A new law, The Industrial Property Act 2019, has been recently passed by the Mauritius Parliament. Please review our full article for all the information you need.
It has been announced that Hong Kong will introduce a new system for standard patents, which will present an alternative option for applicants seeking patent protection in Hong Kong. Amendments to the Patents Ordinance and Patent Rules were published on 11th October 2019, and the new patent system will be implemented on 19th December 2019. Please review our article for additional information.
It has just been announced that Samoa has deposited its instruments of accession for the Patent Cooperation Treaty (PCT), the Geneva Act of the Hague Agreement for the International Registration of Industrial Designs and the Geneva Act of the Lisbon Agreement for the international registration of appellations of origin and geographical indications. Please review our full article for further information.
The UAE Ministry of Economy has recently issued a circular email announcing that Powers of Attorney and other required documents no longer need to be legalised by the Consulate of the UAE for use in patent and design applications and that notarisation of these documents will suffice. This development will greatly ease the formalities burden on applicants.
A new Design Rights Bill 2019 was published in the Cayman Islands on 19th February 2019, which will replace the current Design Rights Registration Law 2016 once it comes into force. Please review our article for further information.
We have just learnt that a new Patents Act and new Regulations have been passed in Antigua. The new Act (“The Patents Bill 2018”) was enacted on 8th November 2018 and came into force on 22nd November 2018. Please review our article for further information.
Following a recent decision by the Bahraini Patent Office to begin substantively examining patent applications, the long-awaited Implementing Regulations of Law No. 1 of 2004 concerning patents and utility models were published on 13th December 2018. It is hoped that these Regulations will provide a clearer prosecution procedure for patent applications in Bahrain. Please review our full article for further information.