If you have a new design relating to the shape or appearance of an article
you may be able to protect your design by means of a registered design.
Information for practitioners
what is a registered design?
A registered design is a limited monopoly granted by the state to the
proprietor of the design in exchange for a full disclosure of the design
to the public. This monopoly entitles the holder to prevent others from
using the design in any practical manner for the duration of the registration,
so that only the proprietor enjoys any profit or advantage that the design
affords for the period. After expiry of the period members of the public
are free to use the design.
Registered designs can either be aesthetic designs or functional designs.
Aesthetic designs are granted exclusively for the aesthetic appearance of
an article and are judged by the eye, for example: an article of jewellery;
the shape of a drinking glass or chair; or the pattern applied to a fabric.
Functional designs, on the other hand, cover features that are dictated,
at least to some extent, by the function of the article; for example: an
aluminium extrusion; the mechanism of a clutch pencil; or the shape of a
mould.
back to top
is my design registrable?
A design can be registered if it is new. In the case of registered designs,
an application can still be filed within 6 months of disclosing the design
to the public. In other words, an article can be sold for up to six months
before a design application has to be filed.
back to top
how long does a design registration
last?
An aesthetic design lasts 15 years, and a functional design 10 years,
from the date of application, subject to the payment of annual renewal fees.
back to top
how easily can someone else
get around my registered design?
A registered design prevents others from using the registered design,
or a design not substantially different from the registered design. It is
thus a question of how similar the allegedly infringing article is to the
registered design and how similar both are to other products in the marketplace.
Please note that a registered design only protects the physical appearance
of an article, not the manner of construction or the principle of operation
which can only be protected by a patent.
back to top
what can I do with a registered
design?
A registered design is property and may be sold (by way of assignment)
or licensed for use by others. Alternatively, a registered design can be
used defensively to prevent others from using the design, provided the design
is used by the proprietor to an adequate extent.
back to top
how do I apply for a registered
design?
A registered design application is made by filing a representation of
the design, together with the necessary forms and government fees, at the
Patent Office in Pretoria. The application also includes a description of
the features of the design for which protection is sought.
If given a drawing or photograph of the design, the design specification
and the necessary forms can be prepared and a registered design application
filed on your behalf. All the administrative functions will be carried out
by our offices.
back to top
how do I get registered designs
in other countries?
A registered design application must be filed in each country or territory
in which protection is sought. However, in respect of most countries in
the world, corresponding foreign registered designs can be filed within
6 months of the first design application.
back to top
what are the costs involved?
The cost involved in preparing and filing a registered design application
will vary from case to case and will depend on the number of representations
required, the description required and whether adequate drawings are supplied.
Our charges are very competitive and we encourage you to
contact us with details of your design to enable
us to provide you with an estimate of the costs involved.
back to top
