The Intellectual Property Office (IPO) has shared some tips for filing registered design applications for graphic symbols/icons and graphical user interfaces (GUIs). The update to the examination practice guide focuses on designs involving animation or movement and was triggered by an increase in the number of applications seeking to protect these types of designs and the number of queries on how to file them.
This is helpful but it’s frustrating that animated file formats are not currently accepted by the IPO (although this is being considered as part of the consultation on changes to the designs framework), especially when dynamic or animated representations have been accepted by the EUIPO since 1 May 2025. For now, depictions of designs in UK applications are confined to line drawings or screenshots. The Practice Note clarifies practice in this area and gives examples of what representations may be accepted and what might cause issues.
Basic principles
If you are trying to register an animated design, the appearance of a computer icon, screen saver graphic, GUI or web page, just like any other type of design the representations filed must convey a clear overall impression for a single, unitary design. Anyone inspecting the register must be able to work out clearly, easily and unambiguously what the overall impression of the design is. This is the trade-off for the monopoly rights being sought.
It’s acknowledged that the basic principles can be harder to fulfil for designs involving animation or movement so the guidance shares the considerations examiners will make when assessing that type of application.
Animated graphic symbols/icons
When applying to register an animated or moving graphic symbol or icon:
- Use a separate view for each step in the animation.
- A maximum of 12 views are permitted.
- State in the indication of product that the design is an animation.
- Use the views to show how the animation progresses.
- It must be clear from the views that it’s a single animation.
- Consider using a disclaimer to provide information on the transitions between representations.
- Don’t make the disclaimer too complicated – if a lot of written explanation is needed to understand the sequence, an objection is likely to be raised.
- If a disclaimer significantly alters the design, the date of the application will change to the date of the disclaimer.
GUIs
The challenge of depicting a single, unitary design may be harder in applications for GUIs where a user moves from screen to screen and the content varies according to user input. For example, in surveys where the screen shows different content depending on the customer’s feedback.
Where screen content is linked but there’s different permutations on what’s shown next, protection of the GUI via a single design won’t be appropriate because a single, unitary design isn’t depicted. Separate applications for each screenshot may be required, meaning higher application costs but the right type of protection.
If pop-ups are used, file images as separate representations and indicate it’s a GUI with a pop-up. Also consider adding a disclaimer to explain the transition, noting the bullet points above about disclaimers. If the arrangement of pop-ups is complex, the examiner will consider whether the visual appearance changes such that the representations are not considered to relate to a single design. If so, an objection will be raised.
Future reform
While the recent practice note is welcome, it’s a sticking plaster to fill a gaping hole while we await the outcome of the IPO’s consultation on changes to the UK designs framework. A section of the consultation was devoted to GUIs and animated designs and a range of options for reform are being considered to accommodate digital innovation. These include:
- Amending legislation to clarify that animations, transitions and GUIs are protectable designs.
- Accepting additional file formats such as video and 3D computer-aided design.
- Setting technical parameters around maximum file size, file types and clip length.
- Publishing optional descriptions describing an animation or transition.
The above would be a welcome modernisation of the design system but it’s unclear what reform may be introduced or when, especially given the myriad of other priorities on the government’s agenda. In the interim clients should find the examples given in the practice note helpful.
If you have any questions, or would like any help with how to depict your registered design application, please get in touch.
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