FAQ Entry #156

This is a respond to a previously asked question about the A' Design Award and Competition. The full list of frequently asked questions can be accessed here.

#156: Concerning the privacy and publishing settings I am not quite sure which option to go for. I have no patent for my product, yet if I should be a winner then I would be most interested in having my design published and sent to the press. If my design is seen in various media after I have filed for a patent then I would be more reassured. However, if press release takes place when no measures have been taken to obtain a patent, then this would be risky.

If you believe in your design or prototype and if you choose to have it produced, it is always preferable to have a patent to protect yourself and design. In many countries if your design is published before you apply for a patent, you can no longer apply for a patent. The only exception is USA as there is a grace period of six months. (Please confirm this information by yourself in any case as laws might change). On the other hand, you can still be granted a patent, if after your application your design project was published. The decision to patent your product is totally up to you, and frankly speaking, it is very expensive and time consuming to apply for a world-wide patent, as you need to make patent applications in a dozen of countries one by one. On the other hand, you should probably patent your design at least in your home country if you are planning to go for mass production and sales of the design product. Our suggestion is: if you are unsure and have the necessary funds, you could apply for a short-term patent (you can renew patents), and launch your product later. Disclaimer: You are the sole responsible for your design project, including its privacy and patenting, and you should give the final decision yourself on these matters, we cannot be held responsible for directing you in a way that would create harm or financial loss and this information is only provided as it is to give general insights.

Keywords: design patents, patent application for designs, patenting designs, design patent application

The following questions could be related:

• #134: I am interested in joining the Design competition, but I do not have the copyrights or patents regarding my idea/design. I would like to know if I am eligible without them. If I apply without a patent, what could ensure that my idea/design is secure, how can I protect my design/idea.
• #157: I have my brand or logo patented in my country only. If I were to show this logo in publications, would this be detrimental to the continued existence of my brand, since it will be exposed at an international level where I have no protection. Would an additional copyright covering 164 countries help ?
• #188: Is it safe for me to submit designs that I do not yet have patents on?
• #226: Will my award winning entry publicly visible? Can I patent it after results announced?
• #286: I would like to know who will have the patent of designed product. will it belong to winner or your committee?

If you did not find your answer, please feel free to check the faq pages for more questions and answers. You will also want to check our webpage for details; thanks to our transparency policy, we document and publish everything.