Comparing registered designs and patents for the medical devices industry
Securing and enforcing your design IP rights
When building an IP portfolio, design rights, along with patents and trademarks, have a crucial role to play to effectively safeguard your products.
Beyond securing protection, we assist in enforcing your design rights and advising on third-party design rights to prevent disputes, making us your dependable partner in navigating the landscape of IP protection.
By strategically selecting different features for protection, it’s possible to build a defensive wall around your product that makes it very difficult for competitors to copy even a small detail without risking infringement.
We can advise on whether design protection is available and which forms of protection you can use. Depending on the scope of design rights required, as well as the available budget, many different strategies can be used to achieve significantly enhanced IP protection.
Our design practice is led by one of Europe’s most experienced design attorneys. We provide a smooth and efficient service, obtaining robust protection quickly and cost-effectively. We think strategically and often use design rights in combination with other forms of IP to strengthen portfolios.
We can work with you to create a filing strategy that fits your commercial requirements. You may be surprised to discover just how cost-effective design protection can be, as well as how quickly registered rights can be achieved. We can also help you to enforce your design rights and advise on the scope of third-party design rights to help you avoid disputes.
Talk to us to find out more.
Our specialist team of Design Protection Attorneys is on hand to support you with your IP needs - helping you grow your business in markets you never thought possible, in ways you never imagined.
The Murgitroyd team is incredibly proficient and professional. They understand the pressures of running a start-up business and are flexible, encouraging, and have contributed to our overall success to date.
Legal 500 2023
What is a registered design?
A registered design is a type of intellectual property protection that safeguards the visual appearance of a product or part of it. This includes lines, contours, colours, shapes, texture, materials and ornamentation. It gives the owner the legal right to prevent others from using the design without their permission.
Can I register a design that has already been disclosed?
Generally, a design should be registered before being publicly disclosed to ensure it meets the novelty requirement. However, in some countries like the UK and Europe, there is a 12-month grace period in which you can file for a registered design after the design has been disclosed.
What can I do if my registered design is infringed?
If your registered design is infringed, you can take legal action against the infringer. This can result in the infringer having to pay damages or an account of profits, deliver up or destroy infringing articles, or cease their infringing activities.
FAQs: Design Protection