Guidance

Design disclaimer or limitation

Published 19 April 2016

© Crown copyright 2016

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/preparing-your-illustrations-to-disclaim-or-limit-a-part-of-your-design/design-disclaimer-or-limitation

1. Design disclaimer or limitation

A disclaimer makes it clear what parts of your design you don’t wish to protect.

A limitation makes it clear what specific parts of the design you do wish to protect.

2. Examples of disclaimer or limitations

Example 1: You want to file a design for a bike. Although the illustration shows the bike in pink, the design relates only to its shape, and not to the colour shown in the illustration.

Image of a bike

In this case you:

  • should consider adding a disclaimer to the colour
  • could add the disclaimer “no claim is made to the colour shown in the illustration”

Note: if you do not add a disclaimer, the protection given may be limited to the design in pink only

Example 2: You want to file a design for a teapot: Although the illustration shows a pattern applied to the teapot, the design relates only to its shape and not to the pattern.

Image of a teapot

In this case the pattern (feature of the design) is not part of the design and you:

  • should consider disclaiming the pattern shown in the illustration
  • could add the disclaimer “No claim is made for the pattern shown on the surface of the teapot”

Example 3: You want to file a design for a table. Although the illustration shows the whole table including its top, bottom, legs and side views, the design relates to the legs of the table only - the table top is not part of the design.

Image of a table

In this example you should:

  • consider limiting the design to the table legs
  • highlight the relevant part of your illustration (the table legs) by using a clear visual border (as shown) or by greying-out the irrelevant parts of your design

3. Submitting a disclaimer or limitation

You can show a disclaimer and limitation visually (e.g. by indicating that protection is intended for only part of your article see example 3) or in writing.

Disclaimers and limitations will limit the scope and extent of protection conferred upon your design and are optional to include in your application.

If you are protecting the whole of your design as shown on the illustration(s), then you should not use them.

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