Patent trouble

The distinction between a 'design' and an 'invention' is one that has troubled patent officials for years

The article on a recent patent ruling (PE May) highlights the minefield which awaits those who attempt to legally protect their designs through intellectual property law. The distinction between a 'design' and an 'invention' is one that has troubled patent officials for years. Currently the UK Patent Office (now called the IPO) is running a major consultation to try and clarify/simplify the law, but as usual, the needs of large multinational companies do not match those of the SME.

Under IP law at the moment, if a company makes a product which has a part covered by a patent but which has other design features not patented, then these other parts will be covered under UK law by 'unregistered design right' (UDR) This is an automatic right (like copyright) in that no formal filing is needed with the Patent Office. However, it is important that the design is recorded and documented internally should future disputes arise. This protection can last up to 15 years in the UK and 3 years in the wider EU.

UDR is particularly important where a company designs special parts, jigs or tools, or includes a new design of a component within a system which has major advantages over previous solutions and is distinctly different from them.

Peter Mucci, Southampton

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