THE METHOD OF PROTECTING DESIGN VARIATIONS WILL CHANGE

The revisions to the design law will abolish the old “similar-design” concept and replace it with a new “related design” system.
Although the old law had provided for the registration of a design or designs similar to one’s own previously registered design (the “principal design”), the process was slow and the similar designs had no independent validity even when they were registered. Under the related design system, however, applicants will be able to register multiple similar designs by specifying one among them as the principal design and the remainder as the related designs, provided that the applicant files all the designs on the same date.
In practice, the related designs must resemble the principal design; a related design that merely resembles another related design without resembling the principal design cannot be registered as a related design. Once registered, the related design acquires its own independent scope separate from that of the principal design. The important point is that the related design right is not extinguished by the invalidation or abandonment of the principal design right.

Comparison of the two systems

Office Supply Kits

Practice Tip:

When filing drawings for a partial-design application the applicant uses solid lines to indicate the portion for which design registration is sought and indicates the remaining portions in dotted lines, thus clearly indicating the part to be registered.