Registered designs are often an underused intellectual property right in the field of internet-enabled products, especially in fintech, where product design isn’t just about aesthetics, it’s about trust, usability and conversion.
Whilst many consumer tech firms consider registered designs to be an essential part of their IP portfolio, many fintech businesses overlook one of the fastest and most cost-effective ways to protect the look and feel of their digital products and are missing out on this valuable protection.
What is a registered design?
A registered design is an intellectual property right that protects the visual appearance of a product, such as its shape, ornamentation, or colours, available in the UK and the EU, and in many other countries around the world.
First granted in the 1830s to protect articles in the decorative arts such as ceramics, textiles and wallpaper, registered designs have evolved into a flexible IP right used to protect industrial products and digital designs, while continuing to be used for aesthetic creations. The only requirement is that the shape or ornamentation of the design be new and individual.
In today’s digital environment, registered designs can be used to protect aspects of websites and apps such as interfaces, icons and animations. However, companies operating in consumer-facing fields such as fintech are often unaware of the benefits this form of protection can offer.
Advantages of registered designs
Patents provide robust protection for the way a product works, and the value of registered trade marks for a company’s branding and brand awareness cannot be overstated. However, both can take time to secure which may not always be the best option for protecting a rapidly evolving app interface. A registered design can be obtained quickly at relatively low cost for early enforcement over copycats, filling the IP gap until other rights are granted.
Most countries, including the UK and EU, allow multiple designs to be included in a single application with a significant saving in the official fee over separate applications. This means that it is cost-effective to protect a number of different products, many features of one product, or even speculative products or potential versions.
Being quick and inexpensive, registered designs are well-suited to protect products with a short lifespan, such as apps and websites, which are regularly updated and improved for user experience and functionality.
Registered designs for internet-enabled products
User interfaces
Many different aspects of a graphical user interface are protectable designs, such as the layout, the shape of buttons and text boxes, unique design elements, and even payment confirmation screens.
Icons
App icons displayed on a home screen can also be protected. While there is little design freedom around the general shape and size of an icon, the particular colours, shapes and text used can be distinctive enough to obtain a valid registered design.
Animations
Some countries provide design protection for short animations, defined by a progression of views. This could be relevant to loading screens, animations indicating a successful payment, or other animated features of an app or website.
Characters
Characters used in an app, such as an in-app mascot, can be protected by multiple designs showing the character in different poses or clothes.
Trade marks
Logos and other branding elements, which may not have a long enough lifespan to justify the cost of worldwide trade mark protection, can be the subject of an international design registration at much lower cost.
Other advantages of registered designs
In addition to being quicker and cheaper than other forms of intellectual property rights, registered designs can also be filed after a product has been put on the market, with most countries having a 6-month grace period after disclosure.
It is therefore possible to file an application for an unprotected product as soon as a company becomes aware of a competitor copying the product’s appearance. It is risky to routinely rely on the grace period, but it can sometimes save the day!
In addition, many countries offer delayed publication of a design after it is registered, so that competitors are not aware of a product, design elements or functionality until after it is launched.
Many systems exist to simplify the process of obtaining and managing design registrations worldwide. For example, registration in the EU protects a design in all EU countries, including those that join in the future.
By making use of the international Hague System, protection in any of 99 countries can be obtained via a single application, further demonstrating design protection as a cost-effective way to protect assets globally.
How to get the best protection
A design is solely defined by the drawings submitted within its application, and so it is important that the drawings included are accurate. In addition, it is important that the features to be protected are properly highlighted in the drawings.
The manufacturer of the well-known children’s suitcase Trunki was unable to enforce their registered design due to inconsistencies between the drawings and the actual product, highlighting the importance of a thorough and accurate design application.
Our design experts can advise on how to get the most robust protection using registered designs, including making sure the drawings are correct and presented in the format required by each country’s IP office. We also have in-house illustrators who can produce suitable drawings if needed.
Talk to an attorney at Murgitroyd about how to get the widest possible protection for your product and your company branding, using the most appropriate rights for your commercial needs and your budget.
