What are the requirements for registering a design?
The following table explains the requirements for registering a design.
Requirement | Description |
---|---|
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. |