On August 1, 2024, the United Kingdom Intellectual Property Office (UKIPO) published revised guidelines concerning design registrations, specifically addressing products incorporating multiple, separate elements. This update aligns with a new Practice Notice issued by the UKIPO, which introduces amendments to the industrial design examination practice guide. These changes are intended to provide clarity regarding how designs featuring distinct components should be treated.
Key Changes in the Updated Guidance
While the newly updated guidance largely mirrors previous examination practices, it offers more detailed explanations and examples of registrable and non-registrable designs. The focus is on distinguishing whether the various components in a design play a functional or decorative role in the overall product.
The guidance highlights that designs consisting of multiple components, including packaging, are likely to face scrutiny. For instance, products that include disposable or functional elements, such as a cardboard box or similar packaging, are generally considered non-registrable. This is because these elements do not contribute to the overall theme or purpose of the design itself. However, the guidance outlines exceptions, such as toiletry sets that exhibit a consistent design theme where the packaging complements the product’s aesthetic.
What Constitutes Registrable Designs?
Under the revised guidance, it remains possible to register designs that incorporate multiple components, provided that each component contributes meaningfully to the overall design. The UKIPO clarified that designs where certain elements are not integral to the product’s core functionality or aesthetic—such as disposable packaging or unrelated decorative features—are unlikely to be accepted.
The guidance offers a more comprehensive framework for evaluating designs with separate components, emphasizing that registration is still viable, but only when each element forms a cohesive part of the product. This update provides clearer direction for businesses and designers seeking protection for complex designs, ensuring that they align their applications with the UKIPO’s expectations.
Practical Implications
For businesses, these changes emphasize the importance of carefully considering how each element of a product is presented in a design application. While decorative or functional packaging can sometimes enhance a product’s overall design, it should not overshadow the core components. By ensuring that all elements are part of a unified theme, businesses can increase their chances of successful registration in the UK.
The new guidelines represent an ongoing effort by the UKIPO to streamline the design registration process, offering clearer examples and criteria for applicants. It is now easier for applicants to comprehend the complicated procedures of the registration process since they have a more comprehensive understanding of how multi-component designs are evaluated according to the updated guidance.
