Registered design question
Hi guys
i have my own registered designs with IPO however i can also see that you can register for design patents which from what i can see look like they have the exact same function, is there any difference between the two and if so what is it?
Any help would be greatly appreciated.
Seller_77IcbQKVGdZo0
Yes it is overkill and I don’t think you can have any protection on a user manual or model number.
You need to be careful with registered designs. If you are buying a product which is available to other people (on or off Amazon) you can’t claim a registered design on how the product looks. Other sellers do this but it is wrong and the design can be challenged and withdrawn.
Unfortunately on Amazon take down of listings do happen. Some of these are correct but some are also malicious where other sellers incorrectly claim a registered design and take other listings down.
Whatever you do there is always the chance of a listing takedown and probably for a reason you list expect.
You many benefit from a session with an IP lawyer to go through your products and discuss what protection you need.
9 replies
Seller_7VbclcPFFRTnc
Probably best to speak with a legal specialist
Seller_77IcbQKVGdZo0
A Design Patent is a US term which protects the design of the item it is a similar to the Registered design that we have in this country.
A UK patent is something which protects how the item works. It is normally for new inventions and has strict criteria to apply for such as the item being New and not yet in the market. If your item is already in the market it is doubtful you could get a patent for it.
Seller_47LTjsxwzLhkK
Thank you for you’re reply really appreciate the help, its my understanding a UK Patent can protect small things in a way a product functions however surely somebody owns a patent for something wide range what covers a function that a lot of products use as someone would of had to created the function and patented it, would they have the ability to remove listings because they own that patent
Seller_77IcbQKVGdZo0
A UK patent will only be valid for 20 years. After which point the invention can be used by other people.
So for example if many years ago there was a patent for a watch mechanism only the patent holder or anyone they license could make that mechanism for 20 years. After that time anyone could use it.
A patent also tends to be fairly specific and doesn’t cover a wide range of products. It is also fairly difficult to get a patent. A registered design is much more easy to achieve and Amazon’s standards for allowing registered design complaints often do not have the scrutiny that is deserved.
There is a general misunderstanding by Amazon of the term patent and they use the term incorrectly. Most take downs of listings I see on forums are due to registered design complaints. Some sellers are guilty of taking out registered designs on fairly generic products and then raising complaints against other sellers.
Seller_47LTjsxwzLhkK
okay great really appreciate you taking the time to explain this as that’s essentially why i made this topic as I’ve seen a lot of sellers talking about listings being removed due to a patent infringement and they must of been referring to a registered design, i just wanted to make sure i didn’t need to register any more trademarks, designs etc so i can ensure my listing doesn’t have any issues in the future. Just one last thing in regards to the patent expiring after 20 years can that patent not be reinstated after expiring and after expiring is it then available for anyone to use or could someone else then patent it as the original patent registration has expired?
Thank you again for you’re help.
Seller_77IcbQKVGdZo0
A patent only has a life time of 20 years. It is really to protect a new invention so that other people don’t copy it straight away. It allows time for the company who thought of the invention to put money into perfecting it, marketing it and selling it without fear it will be copied.
After 20 years it can’t be renewed and the patent lapses. The original owner of the patent can’t renew it and no one else can take the patent on. I think from memory that there maybe an exception for medical products which may still have some protection.
On Amazon your best protection is trademark protection to protect your brand so other people can’t hijack your listings with copies. Also registered design protection is good if you have a unique design and you want to make sure other people can’t copy your design and sell in on their own listing.
You don’t need (and won’t get) Patent protection on any of your items unless it is something you invented yourself.
Seller_47LTjsxwzLhkK
Okay thank you i have invested a lot into trademarks, designs etc hoping its enough to protect my listing because the majority of the forums are people talking about listings getting taken down for ip infringements after years of trading, do you think its overkill to register everything on my product even the model number etc and get registered designs for every component including the user manual?
Seller_77IcbQKVGdZo0
Yes it is overkill and I don’t think you can have any protection on a user manual or model number.
You need to be careful with registered designs. If you are buying a product which is available to other people (on or off Amazon) you can’t claim a registered design on how the product looks. Other sellers do this but it is wrong and the design can be challenged and withdrawn.
Unfortunately on Amazon take down of listings do happen. Some of these are correct but some are also malicious where other sellers incorrectly claim a registered design and take other listings down.
Whatever you do there is always the chance of a listing takedown and probably for a reason you list expect.
You many benefit from a session with an IP lawyer to go through your products and discuss what protection you need.
Seller_47LTjsxwzLhkK
okay perfect can’t thank you enough, you have been great!
