The UKIPO has published a Design Practice Notice (“DPN”) for the first time since 2024, which clarifies its guidance and examination practice relating to graphic symbols, icons and graphical user interfaces (“GUIs”). The revised guidance follows an increase in the number of applications seeking to protect this type of design and users requesting information as to how they should be filed.
A GUI is the visual appearance or layout of digital media such as a computer icon, screen saver graphics and animated designs. Providing that a GUI meets the requirements of the Registered Designs Act 1949, its appearance can be protected as a UK registered design. However, it is important to note that this does not extend to the functionality of the GUI.
The new practice note details how static and moving designs are examined by the UKIPO and what will or will not be acceptable. Specific guidance is provided in relation to the requirements of an application for an animation design, with the IPO providing images as practical examples of what is acceptable. The guidance explains that applicants should submit a separate view for each step of the animation, which clearly shows the progression of an animation sequence and that the indication of product should make clear that the design in question is an animation. Additionally, it suggests that applicants could include a disclaimer which explains the transition between each representation. The IPO has, however, emphasised that where a significant disclaimer is needed in order to explain the transitions, the representations provided are not likely acceptable.
There is set to be more significant changes to the UK design infrastructure over the next few years. For example, as part of its digital transformation programme, the IPO is considering introducing animated file formats for design applications to make it easier to file GUIs and animated designs. However, this will not be introduced in the short term therefore the updated practice note can be said to be an interim solution for those seeking to register such designs.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
