Most people think a design and a patent are the same thing. This could not be further from the truth. Comparing a design to a patent would be like comparing apples to oranges. So, what are designs and how do they differ from patents?
Design rights protect the visual appearance of products rather than their functional aspects. They cover the way something looks, not how it works. This can include the product’s shape, configuration, pattern, and surface ornamentation.
Design rights protect products that have physical and tangible form. These can be manufactured or handmade.
A design must be both new and unique compared to previous designs to qualify for registration.
Standard patents (also called utility patents) protect the functional aspects of an invention. They cover new and useful processes, machines, articles of manufacture, or compositions of matter. Utility patents focus on how things work rather than their appearance.
An invention must be:
They let inventors stop others from making, using, selling, or importing the invention without permission.
The process centres on 2D representations of your design. These must show all features consistently from multiple angles. It’s worth noting that, generally, black and white line drawings are preferred.
As designs protect products, you will need to illustrate the entire product, even if what you have invented forms only a part of the product. For example, if you invented a new toothbrush head, your representations will need to illustrate the entire toothbrush.
A unique benefit of the design system is that you can disclaim parts of your design using dotted lines. In this way, if you have invented a novel wheel for a chair, you can disclaim the chair portion of the design so that your protection will cover the wheels when applied to any sort of chair.
Standard patent applications need technical documentation, especially a claims section that defines legal protection. The specification must allow for someone skilled in the field to recreate the invention.
At Kings IP, we can meet with you to get an understanding of the inner workings of your invention. Dont worry, everything is protected under attorney-client privilege.
Once we have an understanding of your invention, we will prepare the patent specification. The patent specification is an extensive legal document that describes the invention as well as any possible alterations or modifications.
You will review the patent specification and we will make any changes necessary. Then, we will file the application.
Did you know that Kings IP offers fixed pricing for patent specifications? This means that you can feel comfortable knowing that any back and forth explaining your invention/making amendments to the specification will not result in a surprise bill!
Design registration doesn’t require full examination unless enforcement is needed. We generally recommend deferring full examination unless you have identified an infringer.
Patent applications must pass mandatory examination to confirm novelty and inventiveness.
Design applications usually register within eight weeks. Patents can take years due to longer examination periods. There are pathways to expedite both processes. Speak to a member of the Kings IP team today if you have questions about expediting your application.
A registered design lasts for five years, with the option to renew it once for another five years, giving a maximum protection period of 10 years.
Only one renewal is needed; no annual maintenance fees apply, unlike patents.
A standard patent offers protection for up to 20 years from the filing date, or up to 25 years for eligible pharmaceutical patents.
To keep your patent active, you must pay annual renewal fees starting from the fourth year. These fees increase over time.
If you miss a renewal deadline, there’s a six-month grace period where you can still renew, but you’ll be charged an extra $100 per month (or part thereof) in late fees.
Dual protection makes sense when a product combines unique visual design with novel functionality. A design patent protects appearance, while a utility patent protects how it works. This strategy strengthens enforcement options and increases potential damages in infringement cases.
If you are thinking about pursuing this strategy, it is important to file both the design and the patent on the same day to avoid destroying the novelty of your own later application.
The team at Kings IP can assist you with filing to maximise your protection and enforcement capabilities.
File early to preserve novelty. Public disclosure can harm eligibility.
Design filings can provide earlier, enforceable protection while design applications are still under examination.
Unlike utility patents, design applications remain unpublished before registration, which can help with confidentiality.
The smartphone industry is a great example of how design and utility patents work together.
Apple protected its iPhone using both patents and designs. Design patents covered the phone’s distinctive look (i.e., its rectangular shape, rounded corners, bezel, and icon layout). Utility patents protected the touchscreen interface, software features like slide-to-unlock, and various gesture-based controls.
Smart IP protection isn’t just legal housekeeping, it’s a strategic asset. Understanding these differences helps you make informed choices that support your innovation and business goals.
Want to understand more about if you need to register a design or file a patent? Contact Kings IP today to talk to one of our Patent and Trade Marks Attorneys, who can take you through each type of IP right and see which is right for you.
