As more businesses in Omagh develop websites, mobile apps, software platforms and digital products, protecting intellectual property is becoming increasingly important. New guidance from the UK Intellectual Property Office (IPO) provides greater clarity on how certain digital design elements can be protected.
Businesses developing digital products and software interfaces may be interested in updated guidance from the UK Intellectual Property Office (IPO) covering the protection of graphic symbols, icons, graphical user interfaces (GUIs) and animated designs.
Clear Design Representation Remains Essential
While the guidance has been updated, the core principle remains unchanged. A registered design application must clearly show the overall appearance of the design so that anyone viewing the register can easily understand what is being protected without requiring extensive explanation or interpretation.
The IPO has confirmed that both GUIs and animated designs can be protected through registered design rights. However, each application will be considered individually and must represent a single, unified design.
Guidance for Animated Designs
For animated designs, applicants are generally encouraged to provide up to 12 separate views showing the progression of the animation. The application should also clearly identify the design as animated within the product description.
In some cases, a brief disclaimer may be used to explain how the design changes between individual views. However, applicants should exercise caution, as lengthy or complex explanations may lead to objections if they require significant interpretation by the examiner.
The IPO has also highlighted that adding new representations or disclaimers after an application has been submitted could result in objections or a change to the filing date if the additions materially alter the original design.
Design Protection Does Not Cover Functionality
Businesses should be aware that registered design protection only covers the visual appearance of a product or interface. It does not protect how an icon, animation or GUI functions.
Where functionality or technical innovation is involved, businesses may need to consider additional forms of intellectual property protection, including patents, copyright, trade marks or trade secrets, depending on the nature of the innovation.
Further Information
More information is available in the IPO’s Design Practice Notice on GOV.UK website.
For local businesses developing software, apps, digital platforms or other technology products, understanding how intellectual property rights apply to digital designs can help protect valuable creative assets and support future growth.
