What are the requirements for registering a design?
The following table explains the requirements for registering a design.
|The design must be new.||It must not be the same as another design anywhere in the world.|
|The design must be distinctive.||It must not be substantially similar to another design.|
|The design must not have been publicly disclosed.||If you have sold the product with the design or pattern, or shared a copy of the design, it may be disqualified from meeting the requirements of being new and distinctive.|
|The design must be applied to a product.||The design must be used on a product. A conceptual design cannot be registered.
Similarly, something that is artistic (e.g. drawings or paintings) cannot be registered as a design. These works should be protected by copyright instead.
|The product must be portable.||Portability means that a design for something fixed (e.g. a building) will not be eligible for registration.|
- Last reviewed: 26 Sep 2020
- Last updated: 13 Jun 2016