How to Register a Design

How to Register a Design

SHARE

Registering a design means registering the shape, form, appearance, pattern, ornamentation and configuration of a product or even an article.

There are two types of designs that you should be aware of, namely aesthetic and functional.

  • An aesthetic design is original and can be identified by its shape, configuration and ornamentation. It must be able to be produced by industrial processes
  • A functional design should be new and not common. The shape or configuration is required by the function and can be produced by industrial processes

You can register an aesthetic design for 15 years and a functional design for 10 years. Any registered design needs to be renewed every year before the expiration of the third year, as from the date of lodgement.

You will need the following forms in order to register your design:

  • Form D1 – Application and Acknowledgement
  • Form D2 – Register of Designs
  • Form D3 – Power of Attorney
  • Form D6 – Definitive Statement and Explanatory Statement (Explanatory statement is compulsory only for certain fields, e.g. integrated circuit topography or mask work)
  • Form D8 – Publication particulars

Once you download the relevant forms you will see that they indicate whether you need to lodge it any duplicate or if there are any other specific requirements.

Along with the documents above, “Representations” in the form of drawings, or photographs need to be included. These could be:

  • 7 identical representations (drawings or photographs). Each drawing should be on an A4 paper, or each photograph mounted on A4 paper.
  • Enclose different perspectives (views/angles)
  • Select one view for publication and provide 2 copies clearly indicating what they are intended for.
  • All drawings / photographs except those selected for publication should be signed.

You can view all fees involved with the design registration process here.

If you would like to keep a record of the design act so that you know exactly how it works and what your rights are, you can download it here.

Entrepreneur
Entrepreneur Magazine is South Africa's top read business publication with the highest readership per month according to AMPS. The title has won seven major publishing excellence awards since it's launch in 2006. Entrepreneur Magazine is the "how-to" handbook for growing companies. Find us on Google+ here.
  • I have designed and developed products and have also taken them to market, For those who need a personal advice and direction and to asses the viability of your invention, design or innovation contact me.