The UKIPO has published an updated Design Practice Note on design applications for products that consist of multiple components. The Practice Note clarifies what is acceptable in a single design application under UK design practice.
In line with section 1(2) of the Registered Design Act 1949, one of the requirements for acceptance is that a design should seek protection for the appearance of a 'single, unitary product'. With respect to applications seeking protection for a product consisting of multiple elements, such applications would be acceptable if all elements of the design together form a unitary product. Although a product doesn't have to consist of a single physical object, an application including multiple unrelated objects would not be accepted in a single design application.
To decide whether a design consist of a unitary product, the following factors are taken into account by the UKIPO:
- Whether the appearance and function of the different elements complement each other;
- Whether the articles are normally sold together as one product; and
- Whether the articles would stay together in the normal life of the product.
Examples of designs forming a unitary product listed by the UKIPO are a chess set including a board, individual pieces and a box, and a handbag with handles and detachable strap.
On the contrary, if part of the design would be removed or thrown away after use of the product, the UKIPO would raise an objection to this application. For example, a design consisting of a product and its packaging and this packaging would be removed by consumers when using the product, the product and packaging should be treated as two separate unitary products and cannot be included into one design application. A product where a component can be removed and re-attached would still be regarded as a unitary product.
If an application is rejected on the grounds that it consists of multiple products, applicants may divide the application into separate applications, or limit the application by including a disclaimer disclaiming certain elements from the design.
The Design Practice Note is effective immediately. A link to the full Design Practice Note can be found here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
