Clarification on Animated Designs by the UKIPO

Protecting animated designs is a necessary development in this speedily evolving tech-world. In fact, the UKIPO Registered Designs Examination Practice Guide provides for such protection of both static and non-static digital media, establishing that Graphical User Interfaces (“GUIs”) can be represented by a single image or a screenshot of an animated layout. Indeed, per paragraph 11.35, “up to twelve views can be used to show a single animated design… in a clearly defined progression”. The UKIPO clarifies that these twelve views “must be visually related” (i.e. “have features in common”).

This requirement was considered in a recent design application, which concerned a non-static GUI depiction of the respiratory system (UK Design 6309668). In the examination, the UKIPO deemed that the snapshot views of the emerging lungs and trachea were not visually related, and therefore did not qualify for design protection. In essence, the views were 12 different designs, rather than a connected sequence. As such, there were insufficient features in common and so, the designs were deemed to not be visually related. The design application was rejected at examination and went to the hearing officer for determination.

And so the key question that arose for the hearing officer to determine was: how many “features in common” constitutes snapshots being “visually related”? That is, where does the threshold lie?

Luckily for the applicant, the hearing officer placed the bar on the floor, explaining in the re-examination that there was no threshold and that each application was to be decided on a case by case basis. Having looked at UK Design 6309668, the hearing officer deemed that the views (some pictured below) provided a clear and pre-defined indication of the animated design as a whole and, therefore, met the requirement of visual relation. With this in mind, they waived the objection and registered the design for the non-static GUI.

Four of the twelve views submitted in the application for UK Design 6309668.

Comment

This application provides clear guidance on the formal requirements for the protection of animated designs. By clarifying that there is no threshold for commonality between the 12 views, the UKIPO has opened up the parameters of design protection. It has confirmed, by waiving the examiner’s opposition, that each view does not have to contain common details, but rather must demonstrate a pre-defined sequence connected to the design as a whole. This area of design is only going to continue to grow and it is positive that the boundaries of design protection have remained so broad.