1.10 Protecting Designs

Learning outcomes

By the end of this unit you should have developed a knowledge and understanding of:

intellectual property (IP) and its meaning
copyright and design rights, patents, registered designs, trademarks and logos
the importance of these to the designer
the concept of open design

Introduction

Intellectual property (IP) is something that has been physically created and did not exist before. Think of it as property of the creative mind rather than land or a building.

Ideas alone for products do not count as IP because they must be translated into a physical form in order for them to be recognized. Uniqueness is an essential element when seeking intellectual property rights (IPR).

Copyright and design rights

Design is big business and there are those with money and resources but limited creativity who may take ideas from others and use their resources to put them into production and take credit for them. To help avoid this, designers can apply for a patent or register their designs in order to protect their intellectual property (IP). If you have created something in your mind it is effectively your ‘property’ but you need a physical product or proof of concept in order for it to be an intellectual property that you can protect.

The simple act of creating something automatically provides you with copyright as it is yours, but its not as simple as that. You may still need to prove that you created the product be it a physical item, a piece of art, written text, music or a game etc. This is why you copyright your work. By using the IP office to do this formally provides you with evidence in the future should you need it.

Patents

You can only patent an invention; a process or unique mechanical or technological feature such as the pop rivet, zipper or Velcro. This is to stop others using that technology without licensing it from the patent owner. This can be a long and expensive process as patent applications from all around the world need to be checked before anyone is granted the exclusive patent rights, but they may be allowed to use a Pat. Pend. symbol on their product.

Patent examples

A patent does not last forever (only 20 years) without renewing as Kane Kramer discovered when he designed a portable media player in 1979. In 1998 that copyright lapsed.

Does this design from 3 years later look familiar?

Apple thought so which is why they settled out of court…

Registered Designs

This is where you register the look, style, form and function of a product to stop it being copied. You would do this if you had created a piece of furniture, a building or any other unique design you don’t want to be copied.

Trademarks and logo's

A trademark can be a name, logo or other piece of corporate identity that you use in your business and need to protect such as the golden M for McDonalds or the Adidas Logo. They often have a small TM or R next to the image to show it is a registered trademark and cannot be used elsewhere without permission. It is as important as registering a design or copyright if the company relies on it for brand recognition.

Open Design

Open design is an approach to designing and manufacturing which operates outside the protection of patents and other types of IP that are eagerly sought by most individuals and companies. Essentially it means that people contribute, often unrewarded, to design concepts or work.

Self-assembly 3D printers, shared laser cutting and 3D printing files and plans for DIY builds are all examples of open design. Here is a unique design resource shared with teachers around the world for free.

How would you feel about freely sharing your designs?

Is it right or ethical to profit from such a design? Should it be shared as an open design or could others profit from it?

Case study

James Dyson was not famous when he designed the Dual Cyclone back in 1979 which was to become an integral part of his range of vacuum cleaners.

To get funds for development, Dyson struck a licensing deal in 1984 with Amway in the USA, but their product was a little too similar to Dyson’s design so he filed a lawsuit. This took 7 years to settle and Dyson used much of his own money. Had he lost, he might have disappeared into oblivion and Dyson may never have been heard from again but in 1991 the case was settled and Dyson had income to invest in further developing the product.

In 1985 Dyson singed a licensing deal with Apex Ltd in Japan. The vacuum cleaner looked very unusual (it was bright pink!) but sold very well in Japan and won design awards. With the income he received from licensing his design, he was able to set up Dyson Ltd and the rest is history.

This is a great example of a system that can be patented, in this case the double/dual cyclone system. However, it was the design of the vacuum cleaner that was licensed for sale in other countries.

Dyson is now one of the most famous domestic brands in the world and it all started with the Dyson vacuum cleaner.

Prep 33

Summary

Intellectual property (IP) is a creative idea that has been realised as a physical product.
Copyright is granted to the creator but often has to be proven hence a design needs to be registered.
You cannot patent a visual design, only a process or system.
For a design you can register to protect it.
Trademarks and logos all form part of a company or product’s IP.
Using someone else's idea without permission or license is a breach of copyright.
Laws are in place to protect designs, but it is important that you register your design to protect it.
It can take a long time to be granted a patent, but you may be granted a patent pending until it is made official.

Revision Notes

You need to understand intellectual property (IP) and what it means for designers like yourself.

You should understand the difference between registered designs, patents, copyright, trademarks and logos and be able to apply these to specific examples.

Investigate the work of the IP office and look at the process of registering a design which you can do at the following link:

https://www.gov.uk/government/organisations/intellectual-property-office

By following the guide you will learn more about the different forms of copyright and how they affect the work of designers

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