A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.

The appearance of products if new and distinctive. That is, the features of shape or configuration which have been incorporated in the product (even if those features perform a functional purpose) or the features of pattern or ornamentation applied to a product.

By application to the Designs Office.

The designer or the employer, or an assignee of either.

An initial period of 5 years, which may then be renewed for a further 5 years to extend the life up to a maximum of 10 years.

The right to prevent others in your country applying the design (or a design which is substantially similar in overall impression to the registered design) to products in respect of which the design is registered, and to prevent certain commercial dealings in your country in such products bearing the design or a sufficiently similar design.

In general terms, a 'utility patent' protects the way an article is used and works, while a 'design patent' protects the way an article looks. Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance. While utility and design patents afford legally separate protection, the utility and ornamentality of an article are not easily separable.

Articles of manufacture may possess both functional and ornamental characteristics. A design registration will only protect the visual features of your design, for instance a specific shape, configuration, ornamentation or pattern. This registration is particularly useful especially if your product or brand has a particular look or must have a specific aesthetic characteristic.

A design registration does not protect the actual function of an item but only its appearance. Similarly to a trademark, this type of protection is a valuable tool in your branding and marketing strategy.

A design registration also adds value to your commercialisation package and enables you to protect the distinctive aesthetics of your product.

The Title of the design must identify the article in which the design is embodied by the name generally known and used by the public.

Marketing designations are improper as titles and should not be used. A title descriptive of the actual article aids the examiner in developing a complete field of search of the prior art and further aids in the proper assignment of new applications to the appropriate class, subclass, and patent examiner, as well as the proper classification of the patent upon allowance of the application.

It also helps the public in understanding the nature and use of the article embodying the design after the patent has been published. Thus, applicants are encouraged to provide a specific and descriptive title.