About Design
1. What is design?
The design of most products is registerable, including jewelry and watches, clothing, electronics, daily necessities, and even food packaging.
A registered design protects only the new design form of a product, such as the exterior of a computer. A registered design does not protect the internal structure of the product, its new functionality (to protect functionality, an invention patent is required), or the connections between the product's components. Patent law protects the functioning of the product. The owner of a registered design has the right to prevent others from manufacturing, importing, using, selling, or renting the product.
2. What are the benefits of applying for a design patent?
1. Applying for a design patent protects your product design. A design certificate is the best way to obtain design rights. After registering your design, you have the right to display "Registered," "Note," or "Registered Design" on your product or packaging, preventing other companies from exploiting your rights.
2. Applying for a design patent enhances your company's reputation. A registered design increases your company's intangible assets, improves your company's reputation, and aids in asset valuation during an IPO or acquisition. Furthermore, you can use your registered design as a selling point in product promotions to enhance the quality of your products.
3. Applying for a design patent enhances product confidence. After registering your design, your design certificate becomes a valuable marketing tool, boosting buyers' confidence in your company's designs.
4. Applying for a design patent strengthens your legal rights. A registered design certificate helps you prove your company's copyright and further enhances your legal rights. For example, when a company sues a distributor based on a registered design, it does not need to prove the other party's knowledge as it does with copyright.
3. What rights does a registered design owner have?
The owner of a registered design has the right to prevent others from manufacturing, importing, using, selling or renting products using the design. The owner of a registered design also has the right to sell and authorize others to register the registered design.
4. Requirements for applying for a design patent
1. The design being applied for registration must be novel.
To be registrable, a design must be novel on the date of filing. A new design means that the design has not been previously registered and has never been published, disclosed, or sold in Hong Kong or elsewhere. If the new design is not novel or merely represents a change in craftsmanship in the industry, the validity of the registered design application can be easily challenged.
2. The design being applied for registration must be kept confidential.
If a company wishes to disclose any part of the design to an outsider (such as a processing factory), it must obtain a confidentiality agreement from the outsider. If a new design is disclosed or exhibited before the application is successfully filed, its novelty has been lost, and the application will generally be rejected.
3. Pay attention to the timing of your design application.
If you are applying for design registration, plan your application accordingly. Filing too early will fail to include details of subsequent revisions or modifications. Filing too late may result in the new product having been disclosed to some extent, thus losing its novelty.
5. What is the validity period of a design patent?
The registration period for a design is 5 years and can be extended for 5-year periods. However, the total period cannot exceed 25 years.
6. Are designs filed in other countries valid in Hong Kong?
No. Hong Kong's design system only provides territorial protection. Even if a company's design has been registered with the National Intellectual Property Administration or a design registry in another country or region, it does not automatically receive protection in Hong Kong. Therefore, if a company wishes to obtain legal protection in Hong Kong, it must re-register its design under the Hong Kong Registered Designs Ordinance (Cap. 522).