As part of its digital transformation programme, the UK Intellectual Property Office (UK IPO), is presently considering introducing protection for animated file formats to help in filing of animated designs and graphical user interfaces (GUI’s). However, for the time being, the recent Designs Practice Notice (DPN) 01/26 clarifies the UK IPO’s present practice in respect of graphic symbols/icons, graphical/web user interfaces and animated designs.
Central to all Registered Designs is that the representations create and convey an overall impression which is evident to the Registrar and to third parties. Graphic symbols/icons that contain animation or movement will usually be acceptable, so long as the overall impression can be ascertained clearly, easily and unambiguously from the representations filed.
The recent Practice Note provides helpful examples concerning animated/moving graphic symbols/icons and GUI’s. This includes guidance on the number of and similarity of views filed, as well as the use of effective disclaimers (whether written or visual).
The UK IPO considers that GUI’s fall within the definition of a design. The overall impression must again be ascertained clearly, easily and unambiguously from the representations, and the overall impression must be for a single, unitary design.
Disclaimers can be combined with static representations to create the overall impression and can be helpful in terms of reducing ambiguity. However, Applicants should be careful that disclaimers do not require too much interpretation. If you want to discuss any of your IP requirements with us, then please contact us at: mail@MorelandIP.com or via www.MorelandIP.com
