Can You Patent a Design in the UK? 

You might consider applying for a patent if you create a new design in the UK. However, you will first need to determine whether your work constitutes a ‘design’ before applying for a patent. Additionally, you will need to make other considerations, including whether patenting your design is worth the financial cost for you or your business. This article will explore what kind of work you can patent and how you can patent a design in the UK. 

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Can I Patent My Design? 

The only thing you can patent is work that is inventive in character. Therefore, it must be new, and the invention must have never existed in the public domain before applying to the Intellectual Property Office (IPO). If the design is a product, it may be more appropriate to consider design rights instead of a patent. For example, you cannot patent: 

• art;
• music;
• dramatic works;
• literature; or 
• a game. 

The most common types of patentable objects are machines, medicines, chemicals and processes. In essence, most patentable materials tend to be scientific. 

If you have designed a new invention, but it is not yet functional, it may be more advisable to apply for design rights first. Once functional, if you are sure your product has never existed on the market, you can apply for a patent. 

Design Rights vs Patent Protection 

Design rights protect the appearance of your product and are also required to be unique. This is a much more cost-effective solution to protecting something you feel could fail when applying for a patent. The costs of a patent application are around £4000, and the application process takes around five years. 

In contrast, the cost of a design rights application is around £50-£150, and the entire process takes months. Similarly to patents, a registered design right provides the owner with:

• complete control; 
• a monopoly of their design; and 
• the legal right to launch a dispute against anyone who attempts to use a design identical or similar to the one they have registered.

When registering a design, this includes the:

• shape;
• configuration of the design in terms of different parts;
• decorative features; and
• appearance. 

If successful at registering your design, you will gain protection for up to 25 years. However, you will need to renew your protection every five years. It enables legal disputes to be taken straightforwardly and is much more cost and time effective in protecting a piece of intellectual property when contrasted with patents. Patents are renowned for being expensive and difficult to obtain due to the restrictive requirements for being a new invention.

Patent Application Process

If you believe your design is the beginning of a new invention, you should ensure it is:

• new;
• something that consumers can use or make; and
• inventive in the sense that it is not just a simple modification to something already in the market.

You should also be aware that you cannot patent:

• artistic or dramatic arts;
• literature;
• a method of doing something or way of thinking;
• a method of diagnosis or medical treatment;
• a theory or method (for instance, a mathematical method that has not been utilized before);
• some computer programs or apps; or
• plant or animal processes.

The application process is made up of eight separate steps and takes around five years to complete fully. Therefore, you should take some time to consider this process before applying, particularly if you are seeking immediate protection for your design. However, if time is of the essence, an alternative form of protection, such as design rights or trade mark registration, may be preferable.

Key Takeaways

If you are considering patenting your design idea, it is worthwhile considering the cost and time implications and whether your idea meets the very restrictive criteria. Further, your work should be inventive and brand new to the public domain to be applicable for a patent. Additionally, it must not be a simple modification of a current product or design. 

It is worthwhile to search the patent database to decide whether your idea is inventive enough to be considered. However, you should consider alternatives before submitting an application due to the cost and time implications of patent applications. 

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