UK DESIGNS
The protection period of a UK design patent:
- Starting from the application date:
The protection period of a UK design patent begins from the application date, which is the day when the patent application is submitted. From this date onwards, the design patent holder enjoys certain exclusive rights to prevent others from using the same or similar design without permission.
- Length of the protection period:
According to the regulations of the UK Intellectual Property Office, the protection period of a UK design patent is 25 years. This means that for 25 years after the patent application is approved, the design patent holder has exclusive rights and can take legal action against any infringement.
- Payment of maintenance fees:
To maintain the validity of a UK design patent, the patent holder needs to pay maintenance fees on time. In the UK, maintenance fees are usually paid annually, and failure to make timely payments will result in the patent becoming invalid and losing its protection rights.
Rights and Obligations:
- Rights:
During the protection period, the design patent holder has the right to enjoy the exclusivity of their design. They can prevent others from manufacturing, selling, or using products that are similar to their protected design, thus safeguarding their innovative and creative achievements.
- Obligations:
As a design patent holder, they have the responsibility to maintain the validity of the patent, including timely payment of maintenance fees, monitoring for any infringement, and taking legal actions if necessary to protect their patent rights.
After the protection period of a UK design patent expires, the design patent holder will lose their exclusive rights. At this point, others can freely use, manufacture, and sell products that are similar to the protected design without the need for the design patent holder's permission. Therefore, before the protection period ends, the design patent holder should consider other forms of intellectual property protection, such as trademarks or copyrights, to continue safeguarding the unique appearance of their products.
The protection period of a UK design patent is 25 years, starting from the application date. During this period, the design patent holder enjoys exclusive rights to their design and can take legal actions to prevent infringement. The design patent holder has the obligation to pay maintenance fees on time, monitor for infringement, and protect their patent rights. Once the protection period expires, the design patent holder will lose their exclusive rights, and others can freely use similar designs. Therefore, before the protection period ends, the design patent holder should consider other forms of intellectual property protection to continue safeguarding the unique appearance of their products.
