How to Register my Design?

September 13, 2011
Patent News and Interesting Facts

What Designs can be Registered:

Registered designs in South Africa: A Registered design can be filed as Functional Design or an Aesthetic Design, or both. The following designs can be registered:

Functional Design applies to the pattern, shape, ornamentation or configuration and performance of an article.

Aesthetic Designs perform a visual function only.

Examples of possible Aesthetic Designs:

Aesthetic designs: shoe / bottle / vase / table / purse / packaging / cutlery

Examples of possible Functional Design:

Functional designs: medical device / electrical wall outlet / electrical multiple plug / mechanical components

Requirements for a Registered Design:

Requirements for registered designs – Function design or Aesthetic design:

1. Aesthetic Design:
   a) The design is applied to any article for the pattern, shape, configuration or ornamentation thereof.
   b) The design must have features which appeal visibly and are judged solely by the eye.
2. Functional Design:
   a)The design is applied to any article for the pattern, shape or configuration thereof.
   b) The design must have features required by the function of the article to perform, to which the design is applied.

Registered Design duration:

The duration of a registered design in South Africa. Registered designs provide a limited form of protection.

1. Aesthetic design rights last for 15 years.
2. Functional design rights last for 10 years.

Annual renewal fees are payable after the 3rd year of registration.

Step 1
Contact the patent attorneys at Smit & Van Wyk, Inc. regarding your intended design registration at enquiries@svw.co.za, or complete the form below.
This is not an official booking, just a contact request.

Any information or images supplied will be protected under the attorney-client privilege with strict confidentiality, whether you decide to continue with the application or not.

Step 2
Our experienced patent attorneys will contact you regarding your intended design registration.

Step 3
You supply our patent attorneys with the following information and documentation:

1. Full name of the applicant
2. Address of the applicant
3. The type of article to which the design is to be applied
4. The international classification (we can supply a classification if required)
5. Details of any priority application
6. The release date (ie, when made public), if any
7. Aesthetic or Functional design application (or both)
8. Power of attorney for designs, signed by the applicant or its representative (no legalisation required)
9. A certified copy of the priority document.

For more information regarding functional and aesthetic registered designs, please contact the patent attorneys at Smit & Van Wyk, Inc:

Contact Details for Smit & Van Wyk:

Tel:
+27 (0) 12 349 7800

Fax:
+27 (0) 86 619 0493

E-mail:
enquiries@svw.co.za

Physical Address / Courier:
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa

More articles about Registered designs:

Registered Design Information

Image source: www.freedigitalphotos.net