Guidance on Design Applications for Multi-Component Products: Understanding the Latest UKIPO Practice

The UK Intellectual Property Office (UKIPO) has recently released an updated Design Practice Note (DPN) that provides valuable guidance on the submission of design applications for products comprised of multiple components.

Unitary Product

According to section 1(2) of the Registered Designs Act 1949, a design application must focus on the appearance of a “single, unitary product.” This means that while a product can consist of several components, all of these must work together cohesively as one product. The UKIPO specifies that applications presenting multiple unrelated objects will not be permissible under a single design application.

To determine if a product qualifies as a unitary product, several factors will be considered, such as:

• Do the appearance and functionality of the components complement each other?
• Are the items typically sold together as a single product?
• Will the components remain together throughout the product’s life cycle?

For example, a chess set, which includes a board, pieces, and a box, is recognised as a unitary product. Similarly, a handbag that includes both handles and a detachable strap fulfills these criteria. In contrast, if a component is intended to be discarded after use, such as packaging that a customer removes to access a product, the UKIPO will likely object to treating these as a single design.

Examples Provided by the UKIPO

The updated DPN illustrates instances of both acceptable and non-acceptable applications. Acceptable designs include items like a canteen of cutlery, which may contain various utensils yet still operates as a single unit. Conversely, scenarios where an item like disposable gloves is part of its packaging would not be considered a unitary product due to the expectation that the packaging will be discarded after the gloves are used.

Another illustration involved the common practice of selling eggs in a carton; while convenient, the eggs and the carton do not meet the criteria for being considered a single unitary product because once the eggs are consumed, the carton is typically discarded. This principle also applies to items such as toiletries sold in gift sets, where the separate products sold together do not create a singular design.

Dealing with Objections

When submitting a design application that contains multiple components deemed non-unitary, applicants have options. The UKIPO allows for the division of the application into separate submissions or the removal of certain elements. In some cases, adding a disclaimer—such as stating that packaging is simply for illustrative purposes—can also help clarify the application.

Briffa, being expert in all aspects intellectual property law and practice, will be happy to advise you on protection of your designs. If you would like to discuss registration of your designs, please drop us an email or give us a call and we will be happy to arrange a free consultation with one of our specialist IP lawyers.