Statutory guidance

DPN 2/03: Apply to register part of a product

Published 7 January 2003

Section 1(2) of the Act (as amended by the EC Directive) defines ‘design’ as ‘the appearance of the whole or part of a product….’ It then lists features such as lines, contours, colours, shape, texture and materials as examples of the type of features which may contribute to the appearance.

If the design to be registered is only a part of a product (eg, the handle of a cup), or if protection is to be limited to such a part, a partial disclaimer may be added to the application in accordance with Rule 15. The partial disclaimer should appear on the first sheet of the representations if possible, or on a separate sheet if there is no space on the representations.

Suggested wording is:

The design is that applied to the handle of the cup as shown in the representations.

or

The protection to be conferred by the registration is limited to the handle of the cup as shown in the representations.

It may be helpful to show the part for which protection is not sought in a broken or dotted line, but there is no formal requirement to do this.

Any enquiries about this notice should be addressed to:

Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom